Dodge 
Lucas 

Okamfoers 
Clarke 

Brings 


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Governors. 


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The  Library 

J 
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Form  L  I 


This  book  is  DUE  on  the  last  date  stamped  below 


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MESSAGES  AM)  PKOCLAMATIONS 


OF    THE 


GOVEMOBS  OF  IOWA 


THE 


MESSAGES  AND  PKOCLAMATIONS 


OF    THE 


GOVERNORS  OF  IOWA 


COMPILED  AND  EDITED  BY 

BENJAMIN  F.  SHAMBAUGH,  A.  M.,  Pn.D. 

PROFESSOR   OF   POLITICAL  SCIENCE   IN  THK 
UNIVERSITY   OF   IOWA 


VOLUME  I 


PUBLISHED  BY 

THE  STATE  HISTORICAL  SOCIETY  OF  IOWA 

IOWA  CITY,  IOWA 

1903 


S4919 


COPYRIGHT  1903  BY 
THE  STATE  HISTORICAL  SOCIETY  OP  IOWA 


PKEFACE 

The  publication  of  the  Messages  and  Proclamations  of  the 
Governors  of  Iowa  was  authorized  by  an  act  of  the  Twenty- 
ninth  General  Assembly  making  an  appropriation  to  the 
State  Historical  Society.  Under  the  authority  of  that  act 
the  Board  of  Curators  of  the  State  Historical  Society  ordered 
and  directed  the  compilation  and  publication  of  the  docu- 
mentary materials  included  in  these  volumes. 

This  compilation  contains  four  classes  of  documents.  I. 
Regular  Messages,  which  include  (a)  Inaugural  Addresses 
(State  Governors),  (b)  Annual  Messages  (Territorial  Gov- 
ernors), (c)  Biennial  Messages  (State  Governors),  and  (d) 
Messages  communicated  at  the  opening  of  Special  Sessions. 
II.  Veto  Messages.  III.  Special  Messages.  IV.  Procla- 
mations. From  the  table  of  contents  it  will  be  seen  that 
the  several  Governors  are  named  in  their  proper  chrono- 
logical order,  and  that  the  documents  of  each  Governor  are 
arranged  according  to  the  above  classification.  Within  each 
class  the  documents  are  arranged  in  chronological  order. 

The  source  from  which  each  document  has  been  taken  for 
this  compilation  is  clearly  indicated  in  each  case.  This  is 
necessary  since  many  of  the  documents  may  be  found  in 
more  than  one  source.  In  selecting  sources,  reliance  has 
been  placed  first  of  all  on  official  publications  and  original 
manuscripts.  Resort  to  unofficial  sources,  such  as  newspa- 
pers, has  been  had  only  when  the  materials  were  not  dis- 


vi  PREFACE 

covered  in  the  original  manuscript  or  in  official  publications. 
The  several  documents  have  been  reprinted  or  transcribed 
literally  from  the  sources  indicated.  This  will  account  for 
the  lack  of  uniformity  in  punctuation,  capitalization,  and 
spelling,  and  also  for  some  manifest  errors  in  the  text. 

It  is  hardly  probable  that  all  of  the  materials  which  prop- 
erly belong  in  this  compilation  have  been  discovered.  Some 
of  the  proclamations  of  the  earlier  Governors  have  not  been 
found  either  in  the  public  archives  or  in  the  newspapers  of 
the  day.  Time  will  doubtless  reveal  the  omissions;  and  the 
publication  of  what  has  been  gathered  will  aid  in  bringing 
to  light  the  missing  documents. 

It  has  been  thought  best  to  issue  a  special  index  volume 
for  the  entire  compilation. 

The  preparation  of  these  volumes  without  interruption  to 
my  regular  academic  duties  would  have  been  impossible  but 
for  the  constant  assistance  of  Mrs.  Shambaugh. 

BENJ.  F.  SHAMBAUGH 

IOWA  CITY,  1903 


CONTENTS 


GOVERNOR  HENRY  DODGE 

^  PAGE 

BIOGRAPHICAL  SKETCH    -  1 

FIKST  ANNUAL  MESSAGE     -  3 

SECOND  ANNUAL  MESSAGE      -  12 

SPECIAL  SESSION  MESSAGE  25 
VETO  MESSAGES 

N-                      To  the  House  of  Representatives  29 

\                       To  the  Council  32 

To  the  House  of  Representatives  33 

To  the  House  of  Representatives  -                                         34 

To  the  House  of  Representatives  35 
SPECIAL  MESSAGES 

To  the  House  of  Representatives  36 

To  the  House  of  Representatives  -                                         36 

To  the  House  of  Representatives  37 

To  the  Council  -  -                               37 

To  the  Council      -  38 

To  the  Council  -  38 

To  the  House  of  Representatives  39 

To  the  Council  -  40 

To  the  Council      -  41 

To  the  Council  -  41 

To  the  House  of  Representatives  42 

To  the  Council  -  42 

To  the  Council      -  43 

To  the  House  of  Representatives  43 

To  the  House  of  Representatives  44 

To  the  House  of  Representatives  -    ;                                     44 

To  the  House  of  Representatives  46 

To  the  House  of  Representatives  -                                         46 

To  the  House  of  Representatives  47 

To  the  House  of  Representatives  -  ^                                      48 

To  the  House  of  Representatives  49 


viii  CONTENTS 

PROCLAMATIONS  PAGE 
On  the  Apportionment  of  Members  of  the  Council  and 

House  of  Representatives    -  50 

On  the  Election  of  Members  of  the  Council  53 

• 

On  the  Election  of  Representatives    -  54 
On  the  Election  of  Delegate  to  Congress       -  55 
Offering  a  Reward     -  55 
Establishing  a  Seat  of  Justice  57 
Offering  a  Reward     -  58 
On  Election  to  Fill  a  Vacancy  in  the  House  of  Repre- 
sentatives 59 
On  Election  to  Fill  a  Vacancy  in  the  Council    -  61 
On  Election  to  Fill  a  Vacancy  in  the  House  of  Repre- 
sentatives       -                                                       -         -  62 
On  Election  to  Fill  a  Vacancy  in  the  House  of  Repre- 
sentatives   -  64 
Revoking  a  Commission  66 
Offering  a  Reward     -  67 
On  Election  to  Fill  a  Vacancy  in  the  House  of  Repre- 
sentatives       -  68 
On  Election  to  Fill  a  Vacancy  in  the  House  of  Repre- 
sentatives   -  69 

GOVERNOR  ROBERT  LUCAS 

BIOGRAPHICAL  SKETCH     -  73 

FIRST  ANNUAL  MESSAGE      -  75 

SECOND  ANNUAL  MESSAGE       -  94 

Accompanying  Documents  122 

SPECIAL  SESSION  MESSAGE       -                                                     -  141 

THIRD  ANNUAL  MESSAGE  147 
VETO  MESSAGES 

To  the  Council  156 

To  the  House  of  Representatives                                       -  158 

To  the  House  of  Representatives        -  159 

To  the  House  of  Representatives                                        -  160 

To  the  Council  161 

To  the  House  of  Representatives                                       -  165 

To  the  Council  167 

To  the  House  of  Representatives                                        -  169 


CONTENTS  ix 

VETO  MESSAGES  PAGE 

To  the  House  of  Representatives        -  171 

To  the  House  of  Representatives  -      174 

To  the  Legislative  Assembly     -  175 

To  the  Council       -  176 

SPECIAL  MESSAGES 

To  the  Council  178 

To  the  House  of  Representatives  -      182 

To  the  House  of  Representatives       -  184 

To  the  House  of  Representatives  -      186 

To  the  Legislative  Assembly     -  188 
Acknowledgment  of  the  Receipt  of  Acts  and  Resolutions 

of  the  Legislative  Assembly  -      188 

PROCLAMATIONS 

Dividing  the  Territory  into  Judicial  Districts  206 
Fixing  the  Time  of  Election  and  Dividing  the  Territory 

into  Electoral  Districts  -      209 

On  Election  Returns  212 

Locating  a  County  Seat  -      215 

On  the  Southern  Boundary  of  the  Territory  of  Iowa  217 

On  the  Southern  Boundary  of  the  Territory  of  Iowa  -     223 

On  the  Sale  of  Lots  in  Iowa  City       -  241 

On  Election  of  Delegate  to  Congress     -  243 

On  the  Sale  of  Lots  in  Iowa  City       -  244 

Convening  the  Legislative  Assembly  at  Iowa  City  -      245 


GOVERNOR  JOHN   CHAMBERS 

BIOGRAPHICAL  SKETCH  249 

FIRST  ANNUAL  MESSAGE  •      251 

Appendix  258 

SECOND  ANNUAL  MESSAGE      -  262 

THIRD  ANNUAL  MESSAGE  269 

FOURTH  ANNUAL  MESSAGE      -  -      278 
VETO  MESSAGES 

To  the  Council  and  House  of  Representatives  -  289 

To  the  House  of  Representatives  -      290 

To  the  Council  and  House  of  Representatives  291 

To  the  House  of  Representatives  -      292 


x  CONTENTS 

VETO  MESSAGES  PAOK 

To  the  Council  296 

To  the  Council       -  -      302 

SPECIAL  MESSAGES 

To  the  Council  and  House  of  Representatives  303 

Endorsement  of  a  Bill    -  -      306 

PROCLAMATIONS 

To  Prevent  Trespassing  upon  Certain  Lands     -  307 
Declaring  the  Vote  on  the  Question  of  a  Convention     -      308 

On  Thanksgiving      -  309 

Declaring  the  Vote  on  a  State  Constitution  -      310 

GOVERNOR  JAMES   CLARKE 

BIOGRAPHICAL  SKETCH  315 

FIRST  ANNUAL  MESSAGE  -      317 

SECOND  ANNUAL  MESSAGE  329 
VETO  MESSAGE 

To  the  House  of  Representatives  -      349 
SPECIAL  MESSAGE 

To  the  Council  and  House  of  Representatives  352 
PROCLAMATIONS 

Calling  for  Volunteers  for  Mexican  War        -  356 

On  the  Vote  Ratifying  the  Constitution  and  Fixing 

date  for  Election  of  State  Officers  358 

Fixing  Date  for  the  First  Meeting  of  the  General 

Assembly  of  the  State     -  360 

On  Thanksgiving       -  361 

GOVERNOR  ANSEL  BRIGGS 

BIOGRAPHICAL  SKETCH     -  -      365 

INAUGURAL  ADDRESS  367 

SPECIAL  SESSION  MESSAGE      -  -      370 

FIRST  BIENNIAL  MESSAGE  379 

SECOND  BIENNIAL  MESSAGE    -  -      395 

VETO  MESSAGE  412 
SPECIAL  MESSAGES 

To  the  Senate 413 


CONTENTS  xi 

SPECIAL  MESSAGES  PAGE 

To  the  Senate  and  House  of  Representatives     -  414 

To  the  House  of  Representatives  -      414 

To  the  House  of  Representatives       -  415 

PROCLAMATIONS 

On  Thanksgiving  -      417 

Calling  a  Special  Session  of  the  General  Assembly    -  418 

GOVERNOR   STEPHEN   HEMPSTEAD 

BIOGRAPHICAL  SKETCH     -  423 

INAUGURAL  ADDRESS  425 

FIRST  BIENNIAL  MESSAGE       -  -      429 

SECOND  BIENNIAL  MESSAGE  449 
VETO  MESSAGES 

To  the  House  of  Representatives   -  -      468 

To  the  House  of  Representatives       -  470 

To  the  House  of  Representatives   -  -      471 

To  the  Senate    -  472 

To  the  Senate  -      474 

To  the  House  of  Representatives       -  475 

To  the  House  of  Representatives   -  -      476 

To  the  Senate    -  479 
SPECIAL  MESSAGES 

To  the  House  of  Representatives   -  -      480 

To  the  Senate    -                  ...  481 

To  the  Senate  and  House  of  Representatives  •      483 

To  the  House  of  Representatives        -  483 

To  the  Senate  -      484 

To  the  House  of  Representatives       -  485 

To  the  Senate  and  House  of  Representatives  -      486 


GOVERNOR  HENRY  DODGE 


BIOGRAPHICAL  SKETCH 

Henry  Dodge,  the  first  Governor  of  the  original  Terri- 
tory of  Wisconsin  of  which  Iowa  formed  a  part  from  July 
1836  to  July  1838,  was  born  at  Post  St.  Vincents  (now 
Vincennes,  Indiana)  in  the  Territory  of  the  Northwest, 
on  October  12,  1782.  His  father,  whose  name  is  found 
among  the  officers  of  the  American  Revolution,  was  a  New 
Englander.  His  mother,  a  woman  of  Scotch-Irish  descentj 
was  born  in  Pennsylvania. 

Henry  Dodge  spent  the  greater  part  of  his  life  on  the 
frontiers  of  Indiana,  Kentucky,  Missouri,  Illinois,  Michi- 
gan, Wisconsin,  and  Iowa.  He  was  a  product  of  the 
frontier,  typifying  in  his  life  and  character  the  courage, 
energy,  and  aggressiveness  of  the  pioneers  of  the  Middle 
West.  His  boyhood  days  were  passed  in  Indiana  and  Ken- 
tucky. At  the  age  of  fourteen  he  joined  his  father  in  Upper 
Louisiana,  a  province  then  under  the  dominion  of  Spain. 
As  a  private  citizen  he  was  at  different  times  engaged  in 
making  salt,  mining  and  smelting  lead,  and  in  farming. 
His  public  life  is  quite  remarkable. 

As  a  soldier  Henry  Dodge  held  the  following  commis- 
sions: Lieutenant  of  Militia  in  the  District  of  St.  Gene- 
vieve,  (Ter.  La.)  1806;  Adjutant  of  Militia  in  the  District 
of  St.  Genevieve,  1806;  First  Lieutenant  of  St.  Genevieve 
Troop  of  Cavalry,  1807;  Captain  of  St.  Genevieve  Troop 
of  Cavalry,  1809;  Brigadier  General  of  the  Territory  of 
Missouri,  1814;  Major  General  of  the  Second  Division  of 


2  HENRY    DODGE 

Missouri  Militia,  1822;  Colonel  in  the  Militia  of  the  Ter- 
ritory of  Michigan,  1829;  Major  of  a  Battalion  of  Mounted 
Rangers,  1832;  and  Colonel  of  a  Regiment  of  United  States 
Dragoons,  1834. 

As  a  civil  officer  he  held  the  following  positions :  Deputy 
Sheriff  of  the  District  of  St.  Gene  vie  ve,  1805;  Marshal 
of  the  Territory  of  Missouri,  1813;  Sheriff  of  the  County 
of  St.  Genevieve,  1813,  and  again  in  1815;  Marshal  for 
the  District  of  Missouri,  1817;  Member  of  the  Constitu- 
tional Convention  of  Missouri,  1820;  Chief  Justice  of  the 
County  Court  of  Iowa  County,  (Michigan)  1829;  elected  to 
the  Legislative  Council  of  the  Territory  of  Michigan,  1831; 
Governor  of  the  original  Territory  of  Wisconsin  from  1836 
to  1838;  Governor  of  the  Territory  of  Wisconsin  from  1838 
to  1841,  and  from  1846  to  1848;  Delegate  in  Congress  from 
the  Territory  of  Wisconsin  from  1841  to  1845;  and  United 
States  Senator  from  the  State  of  Wisconsin  from  1848  to 
1857. 

In  politics  Henry  Dodge  was  a  Democrat  and  a  warm 
friend  of  Andrew  Jackson.  His  son,  Augustus  Caesar 
Dodge,  was  a  Delegate  from  the  Territory  of  Iowa  to  the 
Twenty-seventh,  Twenty-eighth,  and  Twenty-ninth  Con- 
gresses. In  1851  he  was  elected  to  a  seat  in  the  United 
States  Senate.  It  is  a  remarkable  coincidence  that  father 
and  son  were  members  of  Congress  at  the  same  time. 

BIBLIOGBAPHICAL.  NOTE. — Iowa  Historical  Record,  Vol.  II,  p.  313; 
Vol.  V,  p.  337;  Vol.  VI,  pp.  391,  445;  Vol.  VII,  p.  101;  Vol.  VIII, 
pp.  251,  297;  Vol.  XIV,  p.  289.  Collections  of  the  Wisconsin  Histor- 
ical Society,  Vol.  V,  p.  173;  Vol.  VHI,  p.  273.  Annals  of  Iowa,  3d 
Series,  Vol.  IV,  p.  137.  Appleton's  Cyclopedia  of  American  Biogra- 
phy, Vol.  II. 


FIRST  ANNUAL  MESSAGE 

OCTOBER  26,  1836 
From  Journal  of  the  House  of  Representatives,  Wis:  Ter. ,  p.  1 1 


Fellow  Citizens  of  the  Council,  and  House  of  Representatives: 
We  have  been  convened  under  an  act  of  Congress  of  the 
United  States  establishing  the  territorial  Government  of 
Wisconsin,  for  the  purpose  of  enacting  such  laws  as  may  be 
required  for  the  government  of  the  people  of  this  territory. 
The  present  and  future  prosperity  of  the  people  of  this  terri- 
tory, greatly  depends  upon  the  laws  which  may  be  passed 
at  the  present  session  of  the  Legislative  Assembly.  You 
will  have  my  most  cordial  co-operation  in  the  discharge  of 
the  high  responsible  duties  that  devolve  on  you  as  the 
representatives  of  the  people. 

The  judicial  power  of  this  territory,  under  the  organic 
law  of  Congress,  is  vested  in  a  Supreme  Court,  District 
Court,  Probate  Courts,  and  Justices  of  the  Peace.  I  would 
recommend  the  early  action  of  the  Legislative  Assembly 
in  defining  the  jurisdiction  and  powers  of  the  several  Courts 
of  this  territory,  dividing  the  territory  into  judicial  dis- 
tricts, and  prescribing  the  times  and  places  of  holding 
the  proper  Courts.  There  is  now  in  confinement  in  several 
counties  in  this  territory,  criminals  charged  with  capital 
offences;  and  the  due  administration  of  justice  requires  that 
they  should  be  tried  as  early  as  competent  courts  can  be 
organized.  The  judiciary  is  one  of  the  most  important 


4  MESSAGES   AND   PROCLAMATIONS   OF 

branches  of  our  territorial  government;  the  lives,  liberties, 
and  property  of  all  classes  of  the  community,  depend  on 
the  due  and  impartial  administration  of  the  laws. 

I  would  recommend  to  the  Legislative  Assembly,  at  an 
early  day  of  their  session,  that  a  memorial  be  forwarded  to 
the  Congress  of  the  United  States,  on  the  subject  of  extend- 
ing the  right  of  pre-emption,  to  a  numerous  and  respectable 
portion  of  the  inhabitants  of  this  territory,  who  are  now 
settled  on  the  public  lands.  The  policy  heretofore  pursued 
by  the  Government,  in  granting  the  right  of  pre-emption  to 
actual  settlers,  has  induced  many  families  to  emigrate  to 
this  territory,  believing  the  same  indulgence  would  be  ex- 
tended to  them  that  had  been  granted  to  others.  Relying 
on  the  justice  of  the  government,  they  have  invested  all 
their  means  in  the  improvement  of  this  country;  and  to  be 
placed  in  competition  with  speculators  in  the  purchase  of 
their  homes,  would  bring  ruin  and  distress  on  many  families. 
The  actual  settlers  on  the  public  lands  have  brought  this 
territory  into  notice,  and  have  been  the  means  of  producing 
a  large  amount  in  the  Treasury  of  the  United  States.  The 
public  lands  were  intended  for  the  benefit  of  the  actual 
settler,  who  depends  alone  on  the  soil  for  support.  They 
are  ready  at  all  times  to  defend  their  homes  at  the  risk  of 
everything  dear  to  freemen.  By  granting  them  the  right 
of  pre-emption  they  will  be  enabled  to  purchase  their 
homes  at  the  government  price,  which  is  a  small  boon  ex- 
tended to  this  meritorious  class  of  the  community,  for  all 
the  privations  incident  to  the  settlement  of  a  new  country. 
The  policy  of  the  government  in  granting  pre-emption 
rights  to  actual  settlers,  has  grown  with  the  growth  and 


GOVERNOR   HENRY   DODGE  5 

strengthened  with  the  strength  of  the  western  country.  It 
is  a  policy  wise  and  just.  The  relation  of  landlord  and 
tenant  should  never  exist  in  this  country;  it  is  contrary  to 
the  spirit  of  our  free  institutions;  and  surely  the  representa- 
tives of  a  great  and  enlighted  people  will  shield  the  actual 
settler  and  his  family  from  the  avaricious  grasp  of  the 
speculator.  Congress  having  passed  a  law  at  their  last 
session,  granting  to  the  actual  occupants  of  town  lots  on  the 
land  of  the  United  States,  the  privilege  of  purchasing  their 
lots  at  a  fixed  price,  has  established  a  precedent  that  gives 
the  actual  settler  strong  claims  on  the  justice  of  the  Govern- 
ment. From  the  present  state  of  the  United  States  Treas- 
ury, it  would  seem  there  could  be  no  necessity  for  selling 
the  public  lands  to  the  actual  settler  at  the  high  price  of 
one  dollar  and  a  quarter  an  acre;  in  justice,  the  price  of  the 
public  lands  should  be  reduced  and  graduated  according  to 
the  value  of  the  land.  From  the  great  extent  of  the  public 
domain  of  the  Territory,  yet  to  be  surveyed,  it  would  seem 
the  public  interest  would  be  greatly  promoted  by  the 
establishment  of  a  Surveyor  General's  Office  within  their 
territory,  and  the  location  of  two  Land  Offices  west  of  the 
Mississippi. 

I  would  suggest  the  propriety  of  memorializing  Congress 
as  to  the  justice  of  granting  to  all  the  miners  who  have 
obtained  the  ownership  of  mineral  grounds,  under  the  regu- 
lations of  the  superintendent  of  the  United  States  Lead 
Mines,  either  by  discovery  or  purchase,  the  right  of  pre- 
emption in  the  purchase  of  their  mineral  lots  at  the  mini- 
mum price  of  the  public  lands.  By  the  perserving  industry 
of  the  miners,  the  lead  mines  have  greatly  increased  in 


6  MESSAGES  AND   PROCLAMATIONS   OF 

value;  they  have  been  in  war,  many  of  them,  the  brave 
defenders  of  the  mining  region  of  country;  they  were  in- 
vited by  the  Government,  through  their  agents,  to  explore 
and  work  the  United  States  mines.  This  meritorious 
class  of  the  community  have  strong  claims  on  the  justice 
and  liberality  of  the  government,  that  I  trust  will  not  be 
withheld  from  them.  By  selling  the  United  States  lead 
mines,  without  a  reservation  securing  the  rights  of  the  min- 
ers, they  would  be  deprived  of  valuable  mineral  grounds 
that  they  have  exercised  ownership  over  for  years;  they 
would  not  be  able  to  compete  with  speculators  whose 
object  will  be  to  make  a  monopoly  of  all  the  mineral 
grounds  in  this  extensive  lead  region  of  country. 

I  would  recommend  a  memorial  to  Congress  should  be 
prepared,  at  an  early  day  of  the  Legislative  Assembly,  on 
the  subject  of  the  necessary  Internal  Improvements  in  this 
territory.  Forty  thousand  dollars  were  appropriated  at  the 
last  session  of  Congress  for  the  removal  of  the  obstructions 
in  the  rapids  of  the  upper  Mississippi.  I  would  suggest  the 
propriety  of  asking  of  Congress  an  appropriation  of  two 
hundred  and  fifty  thousand  dollars  for  the  completion  of 
this  important  public  measure.  The  annual  transportation 
over  these  rapids  amounts  to  several  millions  of  dollars. 
The  great  increase  in  the  commerce  of  the  upper  Missis- 
sippi within  the  last  two  years,  the  large  amount  of  lead 
annually  shipped  from  the  lead  mines,  now  sufficient  for  the 
consumption  of  the  United  States,  and  the  increased  value 
of  the  public  lands  on  the  shores  of  the  upper  Mississippi, 
where  towns  are  building  on  the  most  eligible  situations, 
give  the  citizens  of  this  territory  strong  claims  on  the 
patronage  of  their  Government. 


GOVERNOR   HENRY   DODGE  7 

The  shipping  interest  on  Lake  Michigan  for  the  last  two 
years  has  increased  to  a  great  extent,  and  little  has  been 
done  by  the  Government  to  protect  it.  Appropriations  for 
the  construction  of  harbors  and  light-houses,  are  of  the  first 
importance  to  protect  our  commerce,  as  well  as  the  lives  of 
enterprising  citizens  on  Lake  Michigan.  Many  lives,  and 
property  to  a  large  amount,  have  been  lost  for  the  want  of 
the  necessary  harbors  on  this  Lake.  I  would  suggest  the 
propriety  of  asking  of  Congress  an  appropriation  sufficient 
to  cover  the  expense  of  surveying  all  the  necessary  harbors 
on  Lake  Michigan,  and  the  construction  of  such  harbors 
and  light-houses,  at  the  most  eligible  situations,  for  the 
security  and  protection  of  our  lake  trade. 

The  improvement  of  the  navigation  of  Fox  river,  I  con- 
sider a  subject  of  great  importance  to  the  citizens  of  this 
territory,  and  recommend  that  an  appropriation  be  asked  of 
Congress  for  a  survey  of  the  Fox  river  from  Green  Bay  to 
Fort  Winnebago.  A  small  appropriation  would  remove  the 
obstructions  at  the  Grand  and  Little  Kakalin,  and  by  cutting 
a  canal  a  short  distance,  one-third  of  the  distance  would  be 
shortened  between  Lake  Winnebago  and  the  portage  of  the 
Wisconsin  and  Fox  rivers.  A  canal,  already  commenced, 
of  one  mile  and  a  quarter,  will  connect  the  waters  of  the 
Wisconsin  and  Fox  rivers.  This  important  public  work 
has  been  commenced  by  an  enterprising  company,  under  a 
charter  from  the  territory  of  Michigan,  and  it  is  expected, 
will  be  completed  the  next  season.  With  the  improvement 
of  the  navigation  of  the  Fox  river,  and  connecting  the 
waters  of  the  Wisconsin  with  that  river,  we  would  have  an 
internal  communication  between  Lake  Michigan  and  the 


8  MESSAGES   AND   PROCLAMATIONS   OF 

Mississippi  river,  which  would  greatly  facilitate  our  com- 
mercial operations  on  the  Lakes,  as  well  as  the  transporta- 
tion of  troops  and  munitions  of  war  should  it  be  necessary, 
for  the  protection  of  our  exposed  and  extensive  frontier. 

The  improvement  of  the  navigation  of  the  Rock  river,  I 
consider  a  subject  of  vital  importance  to  the  future  prosper- 
ity of  this  territory.  This  river  waters  a  large  extent  of 
fertile  country;  a  small  appropriation  by  Congress  would  be 
sufficient  to  remove  the  obstructions  in  its  navigation.  It  is 
known,  that,  from  the  outlet  of  the  four  lakes,  that  dis- 
charges itself  into  the  Rock  River,  the  distance  does  not 
exceed  twelve  miles  by  land,  and  from  the  fourth  lake,  it  is 
not  more  than  sixteen  miles  to  the  Wisconsin  river.  Indians 
have  frequently  descended  in  canoes,  in  high  waters,  from 
the  fourth  lake  to  the  Wisconsin  river.  The  great  advan- 
tage of  this  inland  communication  must  be  apparent;  it 
would  greatly  enhance  the  value  of  the  national  domain  in 
that  part  of  the  territory,  and  increase  the  value  of  lands 
purchased  by  individuals  from  the  government.  The  con- 
struction of  a  railroad,  commencing  at  some  suitable  point 
on  the  Mississippi,  in  this  territory,  passing  through  the 
mining  country  to  the  Rock  river,  and  direct  to  Lake  Mich- 
igan, is  a  subject  of  great  interest  to  the  citizens  of  this  ter- 
ritory, who  have  strong  claims  on  the  patronage  of  the 
Government  in  granting  a  donation  in  land  for  that  impor- 
tant purpose. 

I  recommend  to  the  Legislative  Assembly,  the  propriety 
of  asking  from  Congress  a  donation  of  one  township  of 
land,  to  be  sold,  and  the  proceeds  of  the  sale  placed  under 
the  direction  of  the  Legislative  Assembly  of  this  territory, 


GOVERNOR   HENRY   DODGE  9 

for  the  establishment  of  an  academy  for  the  education  of 
youth  ;  the  institution  to  be  governed  by  such  laws  and  reg- 
ulations, and  to  be  erected  at  such  place  as  the  Legislative 
Assembly  may  designate.  It  is  a  duty  we  owe  to  the  rising 
generation  to  endeavor  to  devise  means  to  improve  the  con- 
dition of  those  that  are  to  succeed  us;  the  permanence  of 
our  institutions,  must  depend  upon  the  intelligence  of  the 
great  mass  of  the  people. 

The  organizing  and  arming  of  the  militia  I  consider  a 
subject  of  great  interest  to  the  future  peace  of  the  people  of 
this  territory,  from  the  great  extent  of  our  exposed  and 
defenceless  frontiers — situated,  as  they  are,  without  arms 
and  ammunition,  is  a  state  of  things  calculated  to  invite  a 
sudden  attack  from  the  numerous  Indians  bordering  on  our 
territory.  We  are  now  in  a  state  of  peace,  and  it  is  the 
proper  time  to  make  the  necessary  preparations  to  guard 
against  future  events.  Experience  should  teach  us,  and  the 
existing  war  in  the  South  with  the  Seminole  Indians  admon- 
ishes us,  of  the  necessity  of  being  prepared.  I  would  recom  - 
mend  the  passage  of  a  law  organizing  one  company  of 
volunteer  mounted  riflemen  in  each  of  the  counties  of  this 
territory,  to  be  composed  of  sixty  men  each,  exclusive  of 
officers,  and  non-commissioned  officers,  with  the  privilege  of 
electing  their  officers,  to  be  uniformed  and  held  at  all  times 
in  readiness  to  take  the  field.  These  companies  of  mounted 
riflemen  should  by  law  be  obliged  to  muster  once  during 
each  of  the  summer  and  fall  months,  and  every  two  months 
during  the  spring  and  winter  months.  Mounted  riflemen 
are  the  most  efficient  troops  for  the  protection  and  defense 
of  our  frontier  settlements.  I  would  recommend  the  pas- 


10  MESSAGES   AND   PROCLAMATIONS   OF 

sage  of  a  law,  making  it  the  duty  of  the  Adjutant  General 
of  the  militia  to  make  a  tour  of  muster  and  inspection  of 
the  militia  in  each  of  the  counties  in  this  territory,  for  the 
purpose  of  drilling  the  officers  of  each  regiment  of  militia, 
three  days  in  each  year  before  each  regimental  muster;  and, 
after  the  muster  and  inspection  of  arms,  it  should  be  made 
the  duty  of  the  Adjutant  General  of  the  militia  to  report 
the  strength  of  the  militia  of  each  regiment,  with  the  state 
and  condition  of  their  arms :  this  report  to  be  made  annually 
to  the  comniander-m-chief  of  the  militia.  These  returns  are 
important  to  enable  the  territory  to  procure  from  the  gen- 
eral government  her  proportion  of  the  public  arms,  accord- 
ing to  her  numbers.  The  Adjutant  General  of  the  militia 
should  receive  a  liberal  compensation,  by  law,  for  his  serv- 
ices. I  would  recommend  to  the  Legislative  Assembly  the 
justice  and  propriety  of  asking  of  Congress,  a  deposit  in 
this  territory  of  three  thousand  stand  of  arms  for  the  use  of 
the  citizens  in  the  event  of  an  Indian  war — one-half  the 
number  asked  for  to  be  rifles,  and  the  remainder  muskets, 
with  fixed  ammunition  prepared  sufficient  for  a  campaign  of 
four  months.  In  addition  to  the  rifles  and  muskets  pro- 
posed, I  would  recommend  there  should  be  added  four  light 
brass  field-pieces,  not  to  exceed  in  weight  three  hundred 
pounds,  (three  pounders,)  fixed  on  carriages,  with  a  supply 
of  fixed  ammunition  for  them.  Experience  has  proven  to 
us  that  in  the  first  stages  of  our  difficulties  with  the  Indians, 
we  have  to  depend  on  our  own  resources;  the  granting  us 
the  privilege  of  a  deposit  of  arms  might  be  a  great  saving 
to  the  government  in  a  pecuniary  point  of  view,  and  might 
be  the  means  of  saving  many  valuable  lives  in  the  event  of 


GOVERNOR   HENRY   DODGE  11 

an  Indian  war.  Under  the  organic  law  of  Congress  it  was 
made  the  duty  of  the  executive  to  convene  the  Legislative 
Assembly  at  some  place  designated  by  him.  In  the  dis- 
charge of  that  duty  I  have  selected  this  place.  The  per- 
manent location  of  the  Seat  of  Government  is  a  subject  of 
vital  importance  to  the  people  of  this  territory,  and  I  deem 
it  proper  to  state  that  my  assent  will  be  given  to  its  location 
at  any  point  where  a  majority  of  the  representatives  of  the 
people  agree  it  will  best  promote  the  public  good. 

H.  DODGE. 


SECOND  ANNUAL  MESSAGE 

NOVEMBER  7,   1837 
From  Journal  of  the  House  of  Representatives,  Wis.  Ter.,  p.  7 


Fellow  Citizens  of  the  Council,  and  House  of  Representatives: 
By  a  law  of  the  last  session  of  the  Legislative  Assembly 
we  are  convened  to  legislate  for  the  people  of  this  Territory, 
under  the  organic  law  of  Congress,  creating  the  Territory  of 
Wisconsin,  and  prescribing  its  form  of  government. 

As  the  Representatives  of  the  people,  you  will  bring  with 
you  a  knowledge  of  the  wants  and  wishes  of  your  constitu- 
ents. I  trust  a  spirit  of  harmony  and  good  feeling  will 
govern  your  deliberations,  to  enable  you  to  proceed  with 
that  despatch  necessary  in  all  legislative  bodies;  and  you 
will  have  my  most  cordial  co-operation  in  support  of  all 
measures  that  have  for  their  object  the  public  good. 

By  the  organic  law  of  Congress,  the  laws  of  the  late  Ter- 
ritory of  Michigan  are  in  force  until  altered,  modified,  or 
repealed.  There  has  been  a  great  accession  of  population 
to  this  territory  within  the  last  four  years,  from  every  part 
of  the  United  States:  the  state  and  condition  of  the  people 
has  been  greatly  changed,  and  the  existing  laws  now  in 
force  (many  of  them)  are  not  suited  to  the  habits  and  wants 
of  the  citizens  of  this  territory.  I  recommend  for  your 
consideration,  at  an  early  day  of  your  session,  the  propriety 
of  selecting  three  or  more  competent  persons  to  report  a 


GOVERNOR   HENRY   DODGE  13 

code  of  laws  to  be  submitted  to  the  action  of  the  Legis- 
lative Assembly  during  their  present  session. 

Owing  to  the  present  embarrassed  state  of  the  currency  in 
this  territory,  I  recommend  for  the  consideration  of  the  Leg- 
islative Assembly,  the  passage  of  a  law  granting  a  stay  of 
execution  for  one  year  on  all  judgments  that  may  be  ob- 
tained in  the  different  courts  of  record.  The  enactment  of  a 
law  to  that  effect  would  prevent  the  ruin  of  many  whose 
property  will  be  liable  to  sale  at  great  loss.  Debts  have 
been  created  when  bank  notes  of  different  banks  were  in 
general  circulation  in  this  territory,  by  many  of  the  most  in- 
dustrious and  enterprising  citizens,  who,  no  doubt,  believed 
they  would  be  able  promptly  to  meet  their  engagements. 
A  forced  sale  of  their  property  under  the  existing  execu- 
tion laws,  would  not  only  deprive  the  debtor  of  the  means 
of  support,  but,  in  many  cases,  would  prevent  the  creditor 
from  recovering  his  debts. 

At  the  last  session  of  the  Legislative  Assembly,  I  called 
your  attention  to  the  propriety  of  memorializing  Congress, 
asking  the  extension  of  the  right  of  pre-emption  to  the 
actual  settlers  located  on  the  public  lands  in  this  Territory. 
I  again  recommend  your  early  action  on  that  important  sub- 
ject. This  meritorious  class  of  our  citizens,  who  are  occu- 
pants of  the  public  lands,  have  emigrated  to  this  Territory, 
under  the  belief  that  the  same  privileges  would  be  granted 
to  them  that  had  been  extended  to  others.  The  settlers  on 
the  public  lands  are  the  pioneers  of  the  West,  who  are  rap- 
idly extending  the  settlements  of  this  Territory;  they  are 
alike  distinguished  for  their  industry,  enterprise,  and  attach- 
ment to  the  republican  institutions  of  this  country;  and 


14  MESSAGES   AND   PROCLAMATIONS   OF 

every  consideration  of  justice  and  humanity  calls  upon  the 
Congress  of  the  United  States  to  extend  to  the  citizens  of 
this  territory,  who  are  occupants  of  the  public  lands,  their 
fostering  protection.  The  lot  of  the  settlers  on  the  public 
lands  has  been  one  of  hardship,  privation,  and  toil,  exposed 
alike  to  the  dangers  of  savage  warfare,  and  the  diseases  in- 
cident to  the  settlement  of  a  new  country.  The  early  set- 
tlers have  built  towns,  now  the  seats  of  civilization  and 
refinement,  where  Indian  wigwams  stood  smoking  four  years 
ago.  The  early  settlers  on  the  public  lands  in  this  Territory 
have  explored  and  opened  the  most  valuable  lead  mines  that 
have  been  discovered  in  the  United  States,  thereby  greatly 
enhancing  in  value  the  national  domain;  by  the  sale  of 
which  large  sums  have  been  paid  to  the  government.  Land 
was  the  immediate  gift  of  God  to  man,  and  from  the  earliest 
history  of  the  world  was  designed  for  cultivation  and  im- 
provement, and  should  cease  to  be  an  object  of  speculation. 
Speculators  in  the  public  lands  have  purchased  large  tracts 
east  of  the  Mississippi  in  this  Territory,  which  remain  waste 
until  they  will  sell  for  the  highest  prices;  thereby  retarding 
the  growth  and  settlement  of  the  Territory  to  the  great  in- 
jury of  the  actual  settler.  The  just  and  proper  policy  of 
the  government  would  be  to  reduce  the  price  of  the  public 
lands,  and  sell  them  to  the  actual  settler  alone.  The  public 
domain  would  be  sold  in  a  short  period  of  time;  Indian  wars 
would  cease  to  exist;  the  frontiers  would  be  settled  by  a 
brave  and  hardy  race  of  men,  who  would  be  a  barrier  to  In- 
dian encroachments,  and  there  would  be  no  necessity  of 
maintaining  military  posts  for  the  protection  of  our  fron- 
tiers. Should  the  Congress  of  the  United  States  make  no 


GOVERNOR   HENRY   DODGE  15 

provision  for  the  occupants  of  the  public  lands,  and  they 
should  be  deprived  of  their  homes,  either  by  the  act  of  the 
government,  or  by  speculators  who  might  purchase  them  at 
a  public  sale,  it  will  produce  a  state  of  things  greatly  to  be 
regretted.  The  people  of  this  Territory  in  the  occupancy  of 
the  public  lands,  although  firmly  devoted  to  the  republican 
institutions  of  the  country,  (and  a  large  majority  of  them 
have  the  most  entire  confidence  in  the  wisdom  and  policy  of 
the  present  administration  of  the  General  Government, )  will 
never  submit  to  be  driven  from  their  homes  by  the  iron 
grasp  of  the  land  speculator.  Congress  having  for  many 
years  granted  the  right  of  pre-emption  to  the  actual  settler 
of  the  public  lands,  and  that  policy  of  the  Government  hav- 
ing continued  to  exist  during  the  settlement  of  the  Western 
States,  should  not  now  be  changed. 

I  deem  it  my  duty  to  call  the  attention  of  the  Legislative 
Assembly  to  the  propriety  of  memorializing  Congress,  ask- 
ing the  extension  of  the  right  of  pre-emption  to  all  miners 
who  have  obtained  the  possession  of  mineral  grounds,  or 
lots  under  the  authority  of  the  Superintendent  of  the  United 
States  lead  mines  in  this  Territory,  either  by  discovery  or 
purchase;  and  that  each  miner  should  be  permitted  to  pur- 
chase his  mineral  lot  at  the  minimum  price  of  the  public 
lands. 

I  recommend  to  the  Legislative  Assembly  the  propriety 
of  again  memorializing  Congress,  asking  them  to  increase 
the  appropriation  to  the  sum  of  two  hundred  thousand  dol- 
lars for  the  removal  of  obstructions  at  the  upper  and  lower 
rapids  on  the  Upper  Mississippi.  It  is  understood  the  ex- 
aminations of  the  obstructions  at  these  rapids  had  been 


16  MESSAGES   AND   PROCLAMATIONS   OF 

recently  made  under  the  direction  of  the  War  Department; 
and,  from  the  favourable  report  made  by  the  Government,  it 
was  expected  preparations  would  have  been  made  to  have 
commenced  this  important  work  at  the  low  stage  of  the 
river  this  season.  The  appropriations,  heretofore  made  by 
Congress,  have  been  entirely  too  small,  considering  the  im- 
portance of  the  work.  The  trade  of  the  Upper  Mississippi 
has  increased  greatly  in  importance  within  the  last  three 
years,  and  from  the  best  estimate  that  can  be  made  at  this 
time,  exceeds  in  amount  three  millions  of  dollars  annually; 
the  whole  of  which  passes  these  rapids.  The  delay  in  light- 
ening steam-boats  to  enable  them  to  pass  the  rapids  at  a  low 
stage  of  the  river,  and  the  loss  of  property  on  them,  is  be- 
lieved to  be  equal  to  ten  per  cent,  on  the  whole  amount 
shipped.  It  is  not  alone  the  citizens  of  this  Territory  who 
are  interested  in  the  completion  of  this  important  work:  the 
people  of  the  state  of  Illinois,  residing  on  the  borders  of  the 
Upper  Mississippi,  are  equally  interested.  This  interest  per- 
vades the  whole  country  on  the  Mississippi  from  St.  Peters 
to  the  Gulf  of  Mexico.  Large  appropriations  have  hereto- 
fore been  made  by  Congress  for  the  removal  of  obstructions 
in  the  navigation  of  the  different  rivers  in  the  Western 
States,  and  surely  the  citizens  of  this  Territory  have  equal 
claims  on  the  justice  and  patronage  of  the  Government. 

By  an  act  of  the  Congress  of  the  United  States,  approved 
March  3d,  1837,  the  sum  of  five  thousand  dollars,  each, 
was  appropriated  for  the  erection  of  light-houses  at  the 
mouths  of  each  of  the  following  rivers,  tributaries  of  Lake 
Michigan:  Milwaukee,  Manitoowoc,  Cheboygan,  and  Root 
river,  and  at  the  entrance  of  Fox  River  into  Green  Bay. 

•/ 


GOVERNOR   HENRY   DODGE  17 

Under  the  provisions  of  the  act  of  Congress,  referred  to,  it 
is  made  the  duty  of  the  Navy  Commissioners  to  report  to 
the  Secretary  of  the  Treasury,  after  they  have  caused  an 
examination  to  be  made  for  the  purpose  of  ascertaining 
whether  the  safety  of  navigation  requires  any  additional 
facilities,  and  what  is  most  suitable  for  each  place  desig- 
nated. Should  the  Board  of  Navy  Commissioners  be  of  the 
opinion  that  the  improvements  are  not  required  to  facilitate 
the  navigation  of  Lake  Michigan,  or  that  it  is  inexpedient 
from  any  other  cause,  their  opinion  with  the  facts  are  to  be 
reported  to  Congress.  Engineers  have  heretofore  been  ap- 
pointed under  the  direction  of  the  war  department,  who 
have  made  surveys  at  the  mouths  of  the  rivers  mentioned, 
for  harbours,  and  these  reports  will  show  the  practicability 
of  their  improvement,  and  their  importance  and  utility  to 
the  public.  It  is  a  fact  well  known,  that  nearly  the  whole 
length  of  Lake  Michigan  (the  western  shore  of  the  lake) 
presents  a  bold  bluff  front,  varying  from  fifty  to  one  hun- 
dred feet  in  height,  rendering  it  extremely  dangerous  in 
storms,  owing  to  the  scarcity  of  bays  and  natural  harbours 
for  the  safety  of  vessels.  Extensive  settlements  are  forming 
on  the  borders  of  Lake  Michigan;  the  shipping  interest  on 
the  Lake  has  greatly  increased  within  the  last  two  years; 
and  the  consequent  wreck  of  vessels  and  loss  of  lives  and 
property  may  be  expected,  until  the  construction  of  har- 
bours and  the  erection  of  light-houses  at  the  mouths  of 
the  rivers  mentioned.  With  the  exception  of  the  entrance 
of  Fox  River  into  Green  Bay,  this  bay  is  the  best  natural 
harbour  on  the  western  borders  of  Lake  Michigan.  The 
construction  of  a  pier,  and  the  establishment  of  a  beacon 


18  MESSAGES   AND    PROCLAMATIONS   OF 

light,  at  Long  Tail  Point  (at  the  head  of  the  bay)  as  well 
as  the  erection  of  buoys  to  mark  the  ship  channel,  are 
deemed  to  be  of  the  first  importance  to  the  safety  of  the 
navigation.  From  the  increased  commercial  importance  of 
the  town  of  Milwaukee,  and  its  location  near  the  center  of 
the  western  shore  of  Lake  Michigan,  at  the  mouth  of  Mil- 
waukee river,  where  nature  has  done  much  towards  making  a 
safe  harbour,  it  would  seem  that  a  just  regard  for  the  rights 
of  the  citizens  of  this  Territory,  residing  on  the  borders  of 
Lake  Michigan,  would  urge  the  Congress  of  the  United 
States,  as  an  act  of  justice,  to  make  a  liberal  appropriation 
for  the  construction  of  a  harbour  at  this  important  point, 
which  is  absolutely  necessary  for  the  protection  of  the  lives 
and  the  security  of  the  property  of  our  citizens  engaged  in 
the  Lake  trade.  Large  appropriations  were  made  at  the 
last  session  of  Congress,  for  the  benefit  of  twenty  of  the 
states  of  this  Union,  for  the  building  of  light  houses,  light 
boats,  beacon  lights  and  buoys,  and  the  sum  of  sixty-one 
thousand  dollars  was  appropriated  for  the  same  purposes  for 
the  Territory  of  Florida,  and  the  small  amount  of  twenty- 
five  thousand  alone  appropriated  for  this  Territory,  for  the 
above  purpose;  and  that  appropriation  made  contingent  upon 
the  report  of  the  Navy  Commissioners  to  the  Secretary  of  the 
Treasury,  and  from  him  to  the  Congress  of  the  United  States. 
I  recommend  to  the  Legislative  Assembly  the  propriety  of 
again  addressing  a  memorial  to  Congress,  asking  an  increased 
appropriation  for  the  construction  of  harbours,  and  the 
erection  of  light-houses  at  the  mouths  of  the  different  rivers 
designated  in  the  act  of  Congress  referred  to,  as  well  as  the 
necessary  improvement  in  the  navigation  of  Green  Bay. 


GOVERNOR   HENRY   DODGE  19 

A  survey  has  recently  been  ordered  by  the  War  Depart- 
ment, of  Fox  and  Rock  rivers.  The  report  of  the  Engineers 
charged  with  that  duty  has  not  been  published;  but,  from 
the  best  information  I  have  been  able  to  obtain,  their  report 
will  be  favourable  to  the  improvement  of  both  those  rivers. 
The  improvement  of  the  navigation  of  the  Fox  river,  and 
the  connexion  of  that  river  with  the  Wisconsin  river,  by  a 
short  canal  of  one  and  one-fourth  miles,  are  subjects  of  vital 
importance  to  the  citizens  of  this  Territory,  by  opening  a 
water  communication  between  the  Mississippi  and  Lake 
Michigan.  A  communication  between  the  Rock  river  and 
the  Four  Lakes,  and  from  thence  to  the  Wisconsin  river,  by 
a  canal  of  sixteen  miles  in  length,  is  considered  practicable 
with  but  little  expense.  Steam  boats  have  navigated  the 
Wisconsin  river  during  this  season  to  the  portage  of  the 
Wisconsin  and  Fox  rivers,  without  obstruction. 

The  organizing  and  arming  the  militia  I  consider  a  sub- 
ject of  the  first  importance  to  the  safety  of  the  frontier  citi- 
zens of  this  Territory.  The  militia  of  the  territory  have 
been  formed  into  two  brigades,  composed  of  five  regimental 
districts  and  one  battalion  district.  Elections  have  been 
held  for  the  field  and  company  officers,  and  all  the  districts, 
with  the  exception  of  one  regimental  district,  have  been 
organized.  Five  companies  of  volunteer  mounted  riflemen, 
and  one  of  dragoons,  have  been  formed  and  officered. 
I  earnestly  recommend  to  the  Legislative  Assembly  the 
propriety  of  addressing  a  memorial  to  the  War  Department 
of  the  Government,  asking  a  supply  of  arms  for  the  use  of 
the  volunteer  companies  now  organized,  and  for  the  militia 
of  the  territory.  I  would  suggest  the  propriety  of  asking 


20  MESSAGES   AND   PROCLAMATIONS   OF 

for  four  thousand  stand  of  arms,  one-naif  rifles,  and  the  re- 
mainder muskets;  and,  in  addition,  I  would  propose  that 
two  hundred  pistols  and  swords  should  be  furnished  for  the 
use  of  volunteer  companies  of  dragoons,  with  the  addition 
of  four  light  brass  field  pieces,  not  to  exceed  three  hundred 
pounds  in  weight  (three  pounders)  on  carriages,  with  fixed 
ammunition  for  a  campaign  of  four  months.  The  Indians 
on  the  frontier  of  this  territory  are  now  in  a  state  of  peace, 
but  such  is  the  restless  disposition  of  all  Indians,  that  it  is 
difficult  to  determine  when  they  will  commence  their  attacks 
on  our  frontier  inhabitants.  This  is  the  proper  time  to 
make  the  necessary  preparations  to  preserve  the  peace  that 
now  exists  with  them.  From  the  great  extent  of  the  fron- 
tiers of  this  territory,  and  the  numerous  Indians  located  on 
our  borders,  it  is  important  to  the  safety  of  the  inhabitants, 
that  protection  should  be  afforded  them  by  the  Government, 
which  can  only  be  done  by  having  a  mounted  force  stationed 
at  some  suitable  point  on  the  Upper  Mississippi,  in  advance 
of  our  most  exposed  settlements.  Two  hundred  mounted 
troops,  under  the  command  of  a  field  officer,  would  be  suf- 
ficient to  range  the  country  from  the  Mississippi  to  the  Red 
Cedar,  Iowa,  and  Des  Moines  rivers.  This  movement  of 
troops  would  be  a  direct  check  on  the  Indians  who  might  be 
engaged  in  war  with  each  other.  Mounted  troops  ranging 
the  country  east  of  the  Mississippi  and  south  of  the  Wiscon- 
sin river  to  Fort  Winnebago,  would  prevent  the  frequent 
incursions  of  the  Indians  upon  the  weak  and  unprotected 
settlements  bordering  on  that  frontier.  I  recommend,  there- 
fore, that  a  memorial  be  addressed  to  the  War  Department, 
requesting  to  have  a  mounted  force  posted  in  advance  of  the 


GOVERNOR   HENRY   DODGE  21 

frontier  settlements  as  early  in  the  next  spring  season  as  the 
grass  will  sustain  the  horses.  The  Indians  on  the  borders 
of  the  frontier  settlements  must  see  and  feel,  if  necessary, 
the  power  of  the  government  to  enforce  a  strict  observance 
of  treaties  between  them;  and  the  presence  of  mounted 
troops  will  produce  that  dread  in  the  minds  of  the  Indians, 
which  is  necessary  for  the  growth  and  prosperity  of  the  ter- 
ritory, as  well  as  the  safety  and  security  of  its  inhabitants. 
The  adjustment  of  the  boundary  line  between  the  state  of 
Missouri  and  this  territory,  has  recently  become  a  subject  of 
much  interest  to  the  citizens  residing  in  the  southern  part  of 
Wisconsin.  By  the  act  of  Congress  of  1820,  the  limits  of 
the  state  of  Missouri  were  defined;  and  it  was  well  under- 
stood by  the  members  of  the  convention  who  formed  the 
constitution  of  that  state,  '  'that  the  rapids  of  the  river  Des 
Moines, "  were  the  rapids  on  the  Mississippi,  near  the  mouth 
of  that  river,  known  in  1820  as  the  Des  Moines  river  rapids, 
or  the  rapids  of  the  river  Des  Moines;  and  the  upper  rapids 
on  the  Mississippi  were  known  by  the  name  of  the  Rock 
river  rapids.  It  cannot  be  possible  that  the  act  of  Congress 
above  alluded  to,  defining  the  northern  boundary  of  the 
state  of  Missouri,  intended  to  make  the  starting  point  for 
that  boundary  at  any  rapids  in  the  river  Des  Moines:  be- 
cause it  is  a  fact  well  known,  that  there  are  rapids  and  swift 
running  waters  on  the  Des  Moines  river,  for  more  than  one 
hundred  miles  above  its  mouth;  because  in  1820  there  was, 
it  is  believed,  no  place  on  the  Des  Moines  river,  known  or 
designated  as  the  rapids  of  the  river  Des  Moines;  and,  be- 
cause it  was  the  general  understanding  in  Congress,  among 
the  members  of  the  convention  framing  the  constitution  of 


22  MESSAGES   AND   PROCLAMATIONS   OF 

the  state  of  Missouri,  and  among  all  who  were  acquainted  at 
that  period  with  the  names  and  localities  of  this  country, 
that  the  rapids  of  the  river  Des  Moines  meant  the  rapids  in 
the  Mississippi,  terminating  near  the  mouth  of  the  river  Des 
Moines.  That  this  was  the  understanding  even  in  1824,  is 
shown  by  the  treaty  made  on  the  fourth  of  August  of  that 
year,  with  the  Sac  and  Fox  tribes  of  Indians.  In  that  treaty 
the  north- western  corner  of  the  state  of  Missouri  was  fixed 
at  one  hundred  miles  due  north  of  the  mouth  of  the  Kansas 
river;  and  a  purchase  of  all  the  lands  which  the  "Sac  and 
Fox  tribes  have  or  claim  within  the  limits  of  the  state  of 
Missouri,"  between  the  Mississippi  and  Missouri  rivers,  was 
limited  on  the  north  by  a  line  drawn  due  east  from  that 
north-western  corner  to  the  Mississippi  river,  reserving, 
however,  the  "small  tract  of  land"  between  the  river  Des 
Moines  and  Mississippi,  and  the  section  of  that  line  between 
those  rivers  for  the  use  of  the  half-breeds  belonging  to  those 
nations.  If  it  could  have  been  imagined  at  the  time  of  the 
ratification  of  that  treaty  by  the  Senate  of  the  United  States, 
that  the  northern  boundary  of  Missouri  was  not  fixed  and 
known  as  then  designated  and  laid  down,  but  was  to  be 
hereafter  determined  by  explorers  and  surveyors  sent  to 
search  for  rapids  on  the  river  Des  Moines  as  far  north  on 
that  river  as  they  might  be  found,  it  is  hardly  probable 
that  the  Senators  in  Congress,  from  Missouri,  at  that  time, 
known  to  have  been  vigilant  in  the  discharge  of  their  duties 
to  their  constituents,  could  have  silently  acquiesced  in  the 
ratification  of  this  treaty  in  its  present  shape.  From  the 
express  wording  of  the  act  of  Congress  designating  the 
boundaries  of  the  state  of  Missouri,  that  state  can  have  no 


GOVERNOR   HENRY   DODGE  23 

pretensions  to  claim  any  part  of  the  tract  of  country  lying 
east  or  north-east  of  the  Des  Moines  river.  It  is  altogether 
a  subject  of  great  interest  to  the  citizens  of  our  territory  re- 
siding near  the  boundary  line  in  question,  and  it  would  seem 
to  me  necessary,  that  commissioners  on  the  part  of  the  gen- 
eral government  should  be  appointed  to  act  with  commis- 
sioners on  the  part  of  Missouri  to  define  as  early  as  possible 
the  true  boundary  line  between  this  territory  and  the  state 
of  Missouri.  It  would  certainly  be  an  unpleasant  state  of 
things  for  the  constituted  authorities  of  this  territory  to 
come  into  collision  with  those  of  the  state  of  Missouri:  so 
far,  however,  as  it  rests  with  me,  no  encroachments  on  the 
rights  of  our  citizens  will  be  permitted,  without  resistance. 
I  recommend  the  early  action  of  the  Legislative  Assembly 
on  this  important  subject;  they  will  have  the  hearty  co- 
operation of  our  able  and  faithful  delegate  in  Congress, 
who,  I  am  confident,  will  use  every  exertion  in  his  power  to 
maintain  the  rights  of  our  citizens. 

By  the  fourth  section  of  the  organic  law  of  the  Territory, 
it  is  made  the  duty  of  the  Legislative  Assembly  to  appor- 
tion the  representation  of  the  several  counties  to  the  Coun- 
cil and  House  of  Representatives,  according  to  population. 
As  the  term  for  which  the  members  of  the  House  of  Repre- 
sentatives have  been  elected,  will  expire  before  the  next 
annual  meeting,  the  action  of  the  Legislative  Assembly  will 
be  necessary  on  that  subject  during  their  present  session. 

I  would  respectfully  call  the  attention  of  the  Legislative 
Assembly  to  the  propriety  of  passing  a  law  for  the  levying 
and  collecting  a  county  tax  for  the  purpose  of  erecting  jails 
in  each  of  the  organized  counties  in  this  territory,  (where 


24  MESSAGES   AND   PROCLAMATIONS   OF 

jails  may  be  required,)  for  the  safe-keeping  of  prisoners, 
who  may  be  committed  to  the  sheriffs  of  the  several  coun- 
ties. The  due  administration  of  the  laws  requires  that 
courts  of  justice  should  have  it  in  their  power  to  restrain 
the  vicious  part  of  the  community  who  set  laws  at  defiance. 

HENRY  DODGE. 


SPECIAL  SESSION  MESSAGE 

JUNE  11,   1838 
From  Journal  of  the  Souse  of  Representatives,  Wis.  Ter. ,  p.  6 


Fellow  Citizens  of  the  Council  and  House  of  Representatives: 

You  are  convened  for  the  purpose  of  making  the  appor- 
tionment of  representation  for  the  House  of  Representatives 
of  this  Territory,  in  conformity  to  the  organic  law  of  Con- 
gress creating  the  territorial  government  of  Wisconsin,  and 
in  accordance  with  the  law  passed  at  the  last  session  of  the 
Legislative  Assembly  for  taking  the  census  or  enumeration 
of  the  inhabitants  by  the  several  sheriffs  of  the  different 
counties  in  this  Territory. 

The  elective  franchise  of  the  people  is  the  sacred  palla- 
dium of  our  rights,  the  shield  and  helmet  of  our  liberties, 
and  the  foundation  upon  which  our  republican  institutions 
must  exist;  all  should  equally  participate  in  the  advantage 
of  representation,  according  to  numbers. 

As  the  Legislative  Assembly  has  been  convened  for  a 
special  purpose,  it  would  not  be  proper  for  me  to  call  your 
attention  to  any  subjects  not  connected  with  the  object  for 
which  you  have  met:  except  in  cases  where  the  public  good 
might  require  your  immediate  action. 

You  have  memorialized  Congress,  at  your  late  session, 
on  the  most  important  subjects  connected  with  the  growth 
and  prosperity  of  the  Territory:  for  the  extension  of  the 
right  of  pre-emption  to  our  meritorious  and  enterprising 


20  MESSAGES   AND   PROCLAMATIONS   OF 

citizens,  occupants  of  the  public  lands;  the  division  of  the 
Territory:  asking  appropriations  of  Congress  for  the  con- 
struction of  harbors  on  our  Lake  coast,  the  removal  of  the 
obstructions  in  the  rapids  of  the  Upper  Mississippi;  the 
adjustment  of  our  Southern  boundary  line  with  the  State  of 
Missouri,  and  other  important  measures  which  are  now 
pending  before  Congress,  the  result  of  which  will  be  known 
before  your  annual  session. 

As  Congress  will  probably  not  adjourn  before  the  fif- 
teenth of  next  month,  I  deem  it  my  duty  earnestly  to 
recommend  to  the  Legislative  Assembly  the  justice  and 
propriety  of  memorializing  that  body,  at  an  early  day  of 
your  session,  asking  the  ratification,  by  the  United  States 
Senate,  of  the  treaties  made  with  the  Winnebagoes,  Sioux 
and  Chippewa  Indians,  for  the  extinguishment  of  their 
title  to  country  within  the  limits  of  this  Territory.  Until 
recently,  no  doubts  were  entertained  of  the  ratification  of 
the  treaties  in  question. 

From  the  proximity  of  the  Winnebago  Indians,  to  our 
border  settlements,  and  their  frequent  depredations  on  the 
stock  and  other  property  of  the  inhabitants  of  the  Terri- 
tory, it  has  been  with  great  difficulty  that  the  citizens,  who 
have  been  injured  by  them,  could  be  restrained  from  killing 
them.  It  is  a  fact  well  known  that  the  country  owned  by 
the  Winnebago  Indians,  north  of  the  Wisconsin  River, 
would  be  of  great  value  to  the  United  States  as  well  as  to 
the  citizens  of  Wisconsin,  and  is  not  suited  to  the  state  and 
condition  of  the  Indians  who  claim  it.  From  the  intemper- 
ate and  reckless  character  of  the  Winnebago  Indians,  I  have 
no  hesitation  in  saying  that  unless  they  are  removed  from 


GOVERNOR   HENRY   DODGE  27 

the  country  north  of  the  Wisconsin  River  difficulties  will 
ensue  between  them  and  the  whites  that  will  end  in  war. 
The  Winnebago  Indians  own  a  country  west  of  the  Missis- 
sippi that  affords  game  in  abundance,  and  where  they  could 
remain  in  peace  for  years.  A  just  regard  for  the  rights 
of  the  people  of  Wisconsin  requires  that  the  Winnebagoes 
should  be  removed;  the  safety  of  the  lives  and  property  of 
our  citizens  demand  it.  Should  troubles  with  our  Indian 
neighbors  commence,  it  is  difficult  to  tell  where  they  will 
stop.  Our  recent  Indian  wars  have  been  at  the  price  of 
much  blood  and  treasure,  and  have  we  not  a  right  to  expect 
that  the  representatives  of  a  great  and  intelligent  nation 
will  prevent  a  state  of  things  that  would  be  ruinous  to  the 
growth  and  prosperity  of  this  Territory? 

The  purchase  of  country  from  the  Chippewa  Indians, 
east  of  the  Mississippi,  was  made  for  the  advantage  of  its 
extensive  pine  forests,  bordering  on  the  Chippewa  and  St. 
Croix  rivers,  and  which  is  considered  of  the  first  importance 
to  the  people  residing  on  the  borders  of  the  Mississippi,  by 
affording  them  cheap  and  abundant  supplies  of  pine  lumber. 
Mills  have  already  been  erected  in  the  Chippewa  country, 
and  several  hundred  individuals  are  now  employed  in  pre- 
paring rafts  of  pine  lumber;  and  should  the  treaty  made 
with  the  Chippewas  not  be  ratified,  and  the  whites  be  im- 
mediately removed  from  the  occupation  of  their  country, 
we  may  expect  that  the  Chippewa  Indians  will  attack  those 
whom  they  will  consider  as  intruders  on  their  rights. 

Should  the  bill,  now  depending  before  the  Congress  of 
the  United  States,  for  the  establishment  of  two  land  offices 
west  of  the  Mississippi  river,  become  a  law;  and  should  the 


28  MESSAGES   AND   PROCLAMATIONS   OF 

public  lands  be  offered  at  sale  under  the  proclamation  of 
the  President  of  the  United  States  during  the  present  year, 
many  of  our  citizens  who  might  be  entitled  to  purchase  the 
public  lands,  (should  the  right  of  pre-emption  be  extended 
to  them,)  would  not  be  prepared  to  pay  for  their  homes. 
I  respectfully  and  earnestly  recommend  to  the  Legislative 
Assembly  the  justice  and  propriety  of  memorializing  the 
President  of  the  United  States  on  this  subject,  asking  him 
to  defer  the  sale  of  the  public  lands  within  this  Territory, 
for  one  year.  The  present  state  of  the  currency,  and  the 
difficulty  of  procuring  land-office  money,  would  justify  the 
indulgence  proposed  for  the  benefit  of  this  meritorious  class 
of  our  citizens,  who  have  a  right  to  expect  that  justice  and 
the  patronage  of  the  Government  will  be  extended  to  them. 

I  recommend  to  you,  gentlemen,  dispatch  in  the  dis- 
charge of  your  legislative  duties;  and  you  may  expect  my 
co-operation  in  all  measures  which  have  for  their  object  the 
public  good. 

HENRY  DODGE. 

BURLINGTON,  W.  T.,  JUNE  11,  1838. 


VETO  MESSAGES 


TO    THE  HOUSE   OF  REPRESENTATIVES 

DECEMBER  20,  1837 
From  the  Journal  of  the  House  of  Representatives,  p.  199 


TERRITORY  OF  WISCONSIN,  EXECUTIVE  DEPARTMENT, 

December  20,  183Y. 

To  the  Jion.  the  speaker  of  the  House  of  Representatives: 

Sir, — I  return  herewith  "An  act  to  establish  the  boun- 
daries of  the  counties  of  Lee,  Van  Buren,  Des  Moines, 
Henry,  Louisa,  Wayne,  and  Slaughter,  to  locate  the  seats 
of  justice  for  said  counties,  and  for  other  purposes,"  pre- 
sented for  my  approval  on  Saturday  the  16th  inst.  and  sub- 
mit the  following  reasons  for  withholding  my  signature 
from  the  same. 

By  an  act  of  the  legislative  assembly,  of  the  last  session, 
the  counties  of  Lee,  Van  Buren,  Des  Moines,  Henry, 
Louisa,  Muscatine,  and  Cook  were  formed  out  of  the  terri- 
tory embraced  in  the  original  county  of  Des  Moines;  and 
the  county  seats  thereof  ( with  the  exception  of  Cook )  were 
established  in  said  act,  which  expires  by  its  own  limitation 
at  the  close  of  the  present  session. 

The  bill  herewith  returned,  intends  to  supply  the  de- 
ficiency that  would  exist  at  the  expiration  of  that  law,  fixes 
the  boundaries  by  the  course  of  streams  and  the  United 
States'  surveys;  proposes  no  change  in  the  location  of  the 
seats  of  justice  of  the  counties  of  Lee,  Des  Moines,  and 


30  MESSAGES   AND    PROCLAMATIONS   OF 

Henry,  but  removes  the  county  seat  of  Van  Buren  from 
Farmington  to  Rochester,  and  the  county  seat  of  Muscatine 
(called  Wayne  in  the  bill)  from  Bloomington  to  Geneva. 
It  is  to  these  two  changes  of  county  seats  that  I  particularly 
object.  In  a  territory  like  ours  great  care  and  caution 
should  be  exercised  in  the  location  of  the  seats  of  justice  in 
the  first  place;  and  where  settlements  are  formed  on  the 
faith  of  our  acts,  changes  should  not,  in  my  opinion,  be 
made  without  the  prospect  of  some  substantial  benefit  to 
the  people,  and  upon  their  wish  unequivocally  expressed  to 
that  effect.  In  the  county  of  Van  Buren,  from  the  fact 
that  Farmington  (the  present  seat  of  justice)  is  by  no  means 
in  the  centre  of  the  county,  or  its  population,  petitions  have 
been  presented  from  a  large  number  of  its  citizens,  in  all  of 
which  some  change  is  requested;  and  from  the  great  in- 
crease of  population  in  that  county  during  the  past  season, 
it  is  necessary  that  some  provision  should  be  made  by  law 
for  the  establishment  of  the  seat  of  justice  of  that  county, 
at  some  point,  to  suit  the  wishes  of  a  majority  of  its  present 
inhabitants.  There  is  not,  however,  any  thing  in  our  pos- 
session which  could  authorize  us  in  singling  out  Rochester 
as  that  place;  and  I  think  in  this,  as  in  all  cases  of  the 
kind  where  there  is  any  doubt,  it  would  be  better  and 
safer  for  the  legislature  not  to  take  upon  themselves  the 
decision  of  so  interesting  a  question,  but  to  submit  it  to  a 
vote  of  the  people  themselves.  With  regard  to  locating 
the  county  seat  of  Van  Buren  county,  it  would  meet  with 
my  approbation  if  provision  should  be  made  for  a  direct 
vote  of  the  people  upon  the  question,  or  if  the  duty  of 
locating  the  seat  of  justice  should  be  given  to  some  body 


GOVERNOR   HENRY   DODGE  31 

to  be  chosen  by  a  vote  of  the  qualified  electors  of  the 
county. 

In  the  county  of  Wayne,  (formerly  called  Muscatine)  the 
change  from  Bloomington  to  Geneva  is  unaccountable  to 
me.  I  say  this  with  all  due  deference  and  respect  to  the 
legislative  assembly.  There  does  not  occur  to  me  a  single 
good  reason  for  the  proposed  removal.  The  majority  of 
the  people  of  the  county  have  not  asked  for  it;  on  the  con- 
trary, a  large  majority  of  them  have  remonstrated  in  the 
strongest  terms  against  it.  It  is  not  pretended  that  Geneva 
is  a  more  eligible  point  on  the  Mississippi  than  Blooming- 
ton.  They  are  about  three  miles  distant  from  each  other, 
and  it  cannot  even  be  urged  that  Geneva  is  nearer  the 
centre  of  the  county  than  Bloomington,  especially  when  the 
three  townships  lying  immediately  west  of  Wayne  are 
included  within  its  boundaries,  as  I  shall  hereafter  suggest. 
The  change  cannot,  therefore,  meet  with  my  sanction  or 
approbation;  and  I  am  as  yet  informed  of  nothing  which 
would  authorize  us  in  interfering  at  this  time,  with  the 
present  location  of  the  seat  of  justice  at  Bloomington. 

With  respect  to  the  boundaries  of  Wayne  county,  I 
would  respectfully  suggest  that  the  western  lines  of  the 
county  should  be  extended  so  as  to  embrace  townships  76, 
77,  and  78,  north  of  range  4  west,  the  former  of  which  by 
the  present  bill  is  placed  in  the  unorganized  county  of 
Slaughter,  and  makes  a  bad  offset;  and  the  other  two  are 
not  included  in  the  limits  of  any  county. 

In  entering  thus  minutely  into  the  details  and  merits  of 
the  present  bill,  I  feel  myself  fully  justified  by  the  powers 
vested  in  me  by  the  organic  law  of  this  territory,  which 


32  MESSAGES  AND   PROCLAMATIONS   OF 

constitutes  the  governor  a  distinct  branch  of  the  legislative 
authority,  in  addition  to  the  duties  imposed  on  him  as  the 
executive  branch  of  the  government;  and  I  take  the  occa- 
sion to  say  that  at  all  times  in  considering  a  bill  submitted 
to  me  by  the  legislative  assembly,  I  will  not  feel  myself 
confined  to  an  examination  of  the  constitutionality  of  its 
provisions,  but  shall  reserve  to  myself  the  right  of  giving 
my  judgment  upon  its  general  expediency,  and  of  giving  or 
Avithholding  my  assent  as  circumstances  may  justify. 

In  the  present  instance,  I  wish  it  distinctly  understood, 
that  a  bill  similar  in  its  features  to  that  now  returned,  leav- 
ing, however,  the  seat  of  justice  of  Wayne  county  at 
Bloomington,  and  providing  for  some  popular  expression 
of  opinion  upon  the  proper  point  for  the  seat  of  justice  in 
Van  Buren  county,  will  meet  with  my  approbation  and  sig- 
nature. 

With  great  respect,  your  obedient  servant, 

HENRY  DODGE. 


TO  THE  COUNCIL 

JANUARY  2,  1838 
From  the  Journal  of  the  Council,  p.  108 


TERRITORY  OF  WISCONSIN,  EXECUTIVE  DEPARTMENT, 
BURLINGTON,  January  2,  1838. 

To  the  Hon.  tJie  President  of  the  Council: 

Sir — I  have  this  day  examined  and  approved  "An  act 
to  establish  the  several  towns  in  the  counties  of  Milwaukee, 
Brown,  and  Racine,  and  the  counties  attached,  for  judicial 


GOVERNOR   HENRY  DODGE  33 

purposes,"  and  "A  memorial  to  Congress  for  an  appropria- 
tion of  twenty  thousand  dollars  to  complete  the  public 
buildings  at  the  seat  of  Government."  I  return  without 
my  signature  to  the  Council,  ( where  it  originated, )  "  A  bill 
for  laying  out  and  establishing  Territorial  roads."  I  have 
no  objections  to  urge  against  the  provisions  or  details  of  the 
bill;  my  objection  is  to  the  phraseology  of  the  title  which 
reads  "A  bill  to  provide,"  &c,  instead  of  "An  act  to 
provide."  This  alteration,  I  think,  is  required  before  it 
becomes  a  law. 

Very  respectfully,  your  obedient  servant, 

HENRY  DODGE. 


TO   THE  HOUSE   OF  REPRESENTATIVES 

JANUARY  8,  1838 
From  the  Journal  of  the  House  of  Representatives,  p.  280 


TERRITORY  OP  WISCONSIN,  EXECUTIVE  DEPARTMENT, 
BURLINGTON,  January  8,  1838. 

To  the  honourable,  the  speaker  of  the  House  of  Representa- 
tives: 

Sir, — I  have  this  day  examined  and  approved,  "An  act 
to  divorce  Mary  Williams  from  her  husband  Thomas  Wil- 
liams;" and  herewith  return  it  to  the  House  of  Representa- 
tives, where  it  originated. 

I  have  also  returned,  without  my  signature,  ' '  An  act  to 
incorporate  the  Dubuque  Seminary,"  with  my  objection  to 
the  phraseology  of  the  proviso  attached  to  the  fourth  sec- 
tion of  the  bill,  viz :  "  Provided  they  shall  not  contravene 
the  constitution  of  the  United  States  or  of  this  territory." 


34  MESSAGES   AND    PROCLAMATIONS   OF 

The  insertion  of  the  words,  "the  laws,"  between  the  words 
"or"  and  "of,"  in  this  paragraph,  seem  to  be  necessary 
in  order  to  render  the  sentence  complete.  To  the  pro- 
visions of  the  bill  I  have  no  objection. 

HENRY  DODGE. 


TO    THE  HOUSE   OF  REPRESENTATIVES 

JANUARY  9,  1838 
From  the  Journal  of  the  House  of  Representatives,  p.  295 


TERRITORY  OF  WISCONSIN,  EXECUTIVE  DEPARTMENT, 

BURLINGTON,  Jan.  9,  1838. 

To  the  Hon.  the  Speaker  of  the  House  of  Representatives: 

Sir,  —  I  have  this  day  examined  and  approved  ' '  An  act 
to  incorporate  the  Wisconsin  Insurance  Company,  at  Green 
Bay,"  and  return  the  same,  herewith,  to  the  House  of  Rep- 
resentatives. 

I  have  had  under  examination,  ' '  An  act  relating  to  the 
militia  and  public  defence  of  the  territory  of  Wisconsin," 
and  return  the  same  with  my  objections  thereto.  In  the 
5th  section  of  the  3d  title,  the  certificate  of  a  surgeon  or 
surgeon's  mate  is  made  the  evidence  of  an  inability  to  bear 
arms,  by  the  person  claiming  to  be  exempt  by  reason 
thereof;  "but,"  reads  the  section,  "such  evidence  shall 
not  be  conclusive;"  nor  is  there  any  explanation  of  this 
inconsistency  to  be  found  elsewhere  in  the  bill.  Again,  in 
the  9th  and  10th  sections  of  title  4,  there  is  another  incon- 
sistency, viz:  In  the  9th  section,  the  number  of  men 
required  to  compose  a  company  of  artillery,  riflemen,  &c. , 
at  each  annual  inspection,  is  forty;  and,  in  the  succeeding 


GOVERNOR   HENRY   DODGE  35 

section,  thirty,  only,  is  required.  These  are  my  principal 
objections  to  the  bill:  there  are,  however,  minor  ones, 
which  I  would  direct  your  attention  to,  viz:  in  the  2d 
section  of  title  2,  the  word  "clerk,"  is  used  in  the  stead 
of  "secretary;"  in  the  30th  section  of  title  4,  "stand"  is 
used  for  "standard;"  and  in  title  7,  article  1,  section  2, 
the  word  "chapter"  is  used  for  "act."  The  various  mis- 
spellings and  clerical  errors  to  be  found  throughout  the  bill, 
I  do  not  deem  it  necessary  to  call  your  attention  to. 

HENRY  DODGE. 


TO    THE  HOUSE   OF  REPRESENTATIVES 

JANUARY  20,  1838 
From  the  Journal  of  the  House  of  Representatives,  p.  370 


TERRITORY  OF  WISCONSIN,  EXECUTIVE  DEPARTMENT, 

January  20,  1838. 

To  the  Honourable,  the  Speaker  of  the  House  of  Rep's. 

Sir, — I  return  the  act  entitled  "An  act  to  amend  an  act 
entitled  '  An  act  to  establish  the  judicial  districts  of  the  ter- 
ritory of  Wisconsin,  and  for  other  purposes,  and  to  regulate 
the  time  of  holding  courts  in  the  several  counties  of  this 
territory,' "  without  my  signature,  because  I  am  fearful  that 
in  changing  the  time  of  holding  the  courts  no  provision  is 
made  to  prevent  the  abatement  of  suits,  writs,  and  process 
which  may  have  issued  returnable  on  the  days  now  estab- 
lished by  law,  and  recommend,  as  a  measure  of  safety,  that 
a  provision  of  the  kind  should  be  inserted. 

Very  respectfully, 
Your  ob't  servant,         HENRY  DODGE. 


SPECIAL  MESSAGES 


TO   THE  HOUSE   OF  REPRESENTATIVES 

NOVEMBER  12,  1836 
From  the  Journal  of  the  House  of  Representatives,  p.  49 


EXECUTIVE  DEPARTMENT,  November  12th,  1836. 
Sir:  I  have  this  day  approved  and  signed  "an  act  to 
authorise  the  legislative  assembly  to  punish  for  contempt, 
and  to  privilege  members  from  arrest;"  and  herewith  return 
the  same  to  the  House  of  Representatives  in  which  it  origi- 
nated. 

H.  DODGE. 
To  the  Honorable  the  Speaker  of  the  H.  of  Representatives. 


TO   THE  HOUSE   OF  REPRESENTATIVES 

DECEMBER  7,  1836 
From  the  Journal  of  the  House  of  Representatives,  p.  144 


EXECUTIVE  DEPARTMENT,  December  7th,  1836. 
To  the  Hon.  the  Speaker  of  the  H.  of  Representatives: 

Sir:  I  have  this  day  approved  and  signed 

4 '  An  act  dividing  the  county  of  Des  Moines  into  several 
new  counties;" 

* '  An  act  to  locate  and  establish  a  territorial  road  on  the 
west  side  of  the  Mississippi;"  and 


GOVERNOR  HENRY   DODGE  37 

' l  An  act  to  incorporate  the  Belmont  and  Du  Buque  Rail 
Road  Company;" 

And  herewith  transmit  the  same  to  the  House  of  Repre- 
sentatives, in  which  they  originated. 

H.  DODGE. 


TO    THE  HOUSE   OF  REPRESENTATIVES 

DECEMBER  8,  1836 
From  the  Journal  of  the  House  of  Representatives,  p.  147 


EXECUTIVE  DEPARTMENT,  December  8th,  1836 

To  the  Honorable,  the  Speaker  of  the  H.  of  the  Representa- 
tives: 
Sir:  I  have  approved  and  signed  the  following  acts,  and 

herewith  transmit  them  to  the  House  of  Representatives,  in 

which  they  originated,  viz: 

' l  An  act  concerning  the  Supreme  and  District  Courts, 

and  defining  their  jurisdiction  and  powers;" 

1 '  An    act  to   incorporate  the  Wisconsin  Mineral    and 

Transportation  Company;"  and 

4 '  An  act  to  locate  and  establish  a  territorial  road  from 

Lake  Michigan  to  Rock  River." 

H.  DODGE. 


TO    THE   COUNCIL 

DECEMBER  8,  1836 
From  the  Journal  of  the  Council,  p.  94 


EXECUTIVE  DEPARTMENT,  December  8th,  1836 
To  the  Honorable,  the  President  of  Council: 

Sir, —  I  have  approved  and  signed  "  An  act  to  establish 

Q  A  Q  1  0 

<*/     JL  <J  Jt.  \J 


38  MESSAGES  AND   PROCLAMATIONS   OF 

a  University, "  and  herewith  return  the  same  to  your  house 

where  it  originated. 

H.  DODGE. 


TO    THE   COUNCIL 

DECEMBER  8,  1836 
From  the  Journal  of  the  Council,  p.  95 


EXECUTIVE  DEPARTMENT,  December  8,  1836. 
To  tlie  Honorable,  the  President  of  Council: 

Sir — I  have  approved  and  signed  the  following  acts,  and 
herewith  transmit  the  same  to  the  Council  in  which  they 
originated. 

"An  act  to  provide  for  the  construction  of  a  Bridge 
across  Root  river  at  Racine;" 

*  *  An  act  to  authorize  Matthias  Hamm  and  Horace  Smeed 
to  establish  a  Ferry  across  the  Mississippi  river;" 

' '  An  act  to  modify  and  continue  in  force  certain  laws  of 
Michigan;"  and, 

"An  act  to  incorporate  the  Pekatonika  Copper  mining 

Company." 

H.  DODGE. 


TO    THE   COUNCIL 

NOVEMBER  13,  1837 
From  the  Journal  of  the  House  of  Representatives,  p.  46 


EXECUTIVE  DEPARTMENT,  November  13,  1837. 
To  the  Honourable,  the  President  of  the  Council: 

Sir,     I  have  the  honour  to  transmit,  for  the  considera- 
tion of  the  Council,  a  copy  of  the  resolves  of  the  Legisla- 


GOVERNOR   HENRY   DODGE  39 

tare  of   Massachusetts  respecting   the   franking   privilege, 
presented  by  the  Executive  of  that  State. 

With  great  respect,  your  obed't  serv't 

HENRY  DODGE. 

COMMONWEALTH  OF  MASSACHUSETTS, 
In  the  year  one  thousand  eight  hundred  and  thirty-seven. 

RESOLVES  RESPECTING  THE  FRANKING  PRIVILEGE. 
Resolved,  That  the  franking  privilege  should  be  extended  to  the 
Governors  of  the  several  States,  and  to  the  Secretaries  thereof,  and, 
also,  to  the  chief  clerks  of  both  branches  of  the  several  State  Legis- 
latures. 

Resolved,  That  his  Excellency  the  Governor  be  requested  to  trans- 
mit a  copy  of  these  resolves  to  each  of  our  Senators  and  Representa- 
tives in  Congress,  and  to  the  Governors  of  the  several  States. 
Passed.  House  of  Representatives,  April  19,  1837. 

JULIUS  ROCKWELL,  Speaker. 

Passed.  In  Senate,  April  19,  1837. 

HORACE  MANN,  President. 

April  20,  1837. — Approved.  EDWARD  EVERETT. 

A  true  copy. — Attest,  JOHN  P.  BIGELOW, 

Secretary  of  the  Commonwealth. 


TO    THE  HOUSE   OF  REPRESENTATIVES 

NOVEMBER  17,  1837 
From  the  Journal  of  the  House  of  Representatives,  p.  70 


EXECUTIVE  DEPARTMENT,  BURLINGTON,  Nov.  17,  1837. 
Sir  —  In  reply  to  a  call  made  by  the  House  of  Represen- 
tatives on  the  following  resolution: 


40  MESSAGES   AND   PROCLAMATIONS   OF 

"Resolved,  That  the  Executive  of  the  territory  be  re- 
quested to  furnish  this  House  with  a  copy  of  any  corre- 
spondence he  may  have  had  with  the  Executive  of  the  State 
of  Missouri,  upon  the  subject  of  the  boundary  line  between 
that  state  and  this  territory;  and  also  with  a  copy  of  the 
correspondence  upon  the  same  subject  between  him  and  the 
President  of  the  United  States,  as  far  as  he  may  deem  the 
communication  of  the  same  compatible  with  the  public 
interest. " 

I  have  the  honour  to  state  to  the  House  of  Representa- 
tives that  I  have  received  no  communication  from  the  Presi- 
dent of  the  United  States  or  the  Governor  of  the  state  of 
Missouri,  in  relation  to  the  boundary  line,  the  subject  of 
the  resolution  in  question. 

I  am,  with  great  respect,  your  ob't  serv't. 

HENRY  DODGE. 
To  the  Hon.  Isaac  Leffler,  Speaker  of  the  House  of  Reps. 


TO   THE  COUNCIL 

NOVEMBER  24,  1837 
From  the  Journal  of  the  Council,  p.  43 


TERRITORY  OF  WISCONSIN,  EXECUTIVE  DEPARTMENT, 

BURLINGTON,  Nov.  24,  1837. 

Sir — I  have  examined  and  approved    "A  memorial  to 
Congress  for  an  appropriation  for  the  construction  of  a  har- 
bor at  the  mouth  of  Root  river,  on  lake  Michigan,"  and 
herewith  return  the  same  to  the  Council  where  it  originated. 
Very  respectfully,  your  obedient  servant, 

HENRY  DODGE. 
To  the  Honorable,  the  President  of  the  Council. 


GOVERNOR   HENRY   DODGE  41 

TO   THE  COUNCIL 

NOVEMBEB  28,  1837 
From  the  Journal  of  the  Council,  p.  47 


TERRITORY  OF  WISCONSIN,  EXECUTIVE  DEPARTMENT, 

BURLINGTON,  Nov.  28,  1837. 

Sir  —  I  have  examined  and  approved  "A  memorial  to 
Congress,  praying  that  the  right  of  pre-emption  may  be 
granted  to  the  occupants  of  mineral  lands;"  also,  "A  reso- 
lution relative  to  the  franking  privilege;"  and  a  "resolu- 
tion, authorizing  the  Secretary  of  the  Territory  to  expend 
the  unexpended  balance,  appropriated  for  the  use  of  the 
late  Secretary,  for  rent  of  office  and  furniture;"  and  here- 
with return  the  same  to  the  Council,  where  they  originated. 
Very  respectfully,  your  obedient  servant, 

HENRY  DODGE. 
To  the  Hon.  the  President  of  the  Council. 


TO    THE  COUNCIL 

DECEMBER  6,  1837 
From  the  Journal  of  the  Council,  p.  58 


To  the  Hon.  the  President  of  the  Council: 

TER.   OF  Wis.,  EXECUTIVE  DEPARTMENT, 
BURLINGTON,  Dec.  6,  1837. 

Sir  —  I  have  examined  and  approved  ' '  A  memorial  pray- 
ing for  the  construction  of  harbors  at  Twin,  Manitoowoc 
and  Sheboyagan  rivers,"  and  herewith  return  the  same  to 
the  Council  where  it  originated. 

With  great  respect,  your  obed't  serv't, 

HENRY  DODGE. 


42  MESSAGES   AND    PROCLAMATIONS   OF 

TO    THE  HOUSE   OF  REPRESENTATIVES 

DKCKMBEE  8,  1837 
From  the  Journal  of  the  House  of  Representatives,  p.  158 


TERRITORY  OF  WISCONSIN,  EXECUTIVE  DEPARTMENT, 

BURLINGTON,  Dec.  8,  1837. 

To  tlie  Hon.  tlie  Speaker  of  the  House  of  Representatives: 
Sir — I  have  examined  and  approved, 
"An  act  to  divorce  Mary  M'Arthur  from  her  husband, 
John  M'Arthur,"  and 

"A  memorial  in  favour  of  John  Hood;" 
And  herewith  return  the  same  to  the  House  of  Represen- 
tatives, in  which  they  originated. 

Very  respectfully  your  ob't.  serv't. 

HENRY  DODGE. 


TO    THE   COUNCIL 

DECEMBER  9,  1837 
From  the  Journal  of  the  Council,  p.  67 


TERRITORY  OP  WISCONSIN,  EXECUTIVE  DEPARTMENT, 

BURLINGTON,  Dec.  9,  1837. 

To  the  Hon.  the  President  of  the  Council: 

Sir — I  have  this  day  examined  and  approved  "An  act 
to  divorce  Armstead  W.  Floyd  from  his  wife  Eleanor 
Floyd;"  and  "Resolution  relative  to  the  publication  of 
laws  in  the  several  papers  of  this  Territory;"  and  herewith 
transmit  the  same  to  the  Council  where  they  originated. 
Very  respectfully,  your  obedient  servant, 

HENRY  DODGE. 


GOVERNOR   HENRY   DODGE  43 

TO   THE   COUNCIL 

DECEMBER  13,  1837 
From  the  Journal  of  the  Council,  p.  68 


TERRITORY  OF  WISCONSIN,  EXECUTIVE  DEPARTMENT, 
BURLINGTON,  Dec.   13th,  [1837] 

To  the  Honorable  the  President  of  the  Council: 

Sir — I  have  this  day  examined  and  approved  "An  act 
to  establish  the  Wisconsin  University  of  Green  Bay,"  and 
"  An  act  to  enforce  the  payment  of  certain  moneys  into  the 
several  county  treasuries;"  and  herewith  return  the  same  to 
the  Council  where  they  originated. 

Very  respectfully,  your  ob't  sv't. 

HENRY  DODGE. 


TO   THE  HOUSE   OF  REPRESENTATIVES 

DECEMBER  18,  1837 
From  the  Journal  of  the  House  of  Representatives,  p.  180 


TERRITORY  OF  WISCONSIN,  EXECUTIVE  DEPARTMENT, 

BURLINGTON,  Dec.  18,  1837. 

To  the  Hon.  the  Speaker  of  the  House  of  Representatives: 

Sir, — "An  act  to  establish  the  boundaries  of  the  counties 
of  Lee,  Van  Buren,  Des  Moines,  Henry,  Louisa,  Wayne, 
and  Slaughter,  to  locate  the  seats  of  justice  of  said  counties, 
and  for  other  purposes,"  was  presented  for  my  examination 
and  approval  on  the  16th  inst.  I  respectfully  ask  of  the 
house,  of  which  you  are  the  organ,  to  furnish  me  with  all 
petitions  which  have  been  presented  to  your  body  in  rela- 
tion to  the  aforesaid  act. 

Very  respectfully, 

Your  ob't  serv't,  HENRY  DODGE. 


44  MESSAGES   AND    PROCLAMATIONS   OF 

TO    THE  HOUSE   OF  REPRESENTATIVES 

JANUARY  2,  1838 
From  the  Journal  of  the  House  of  Representatives,  p.  255 


TERRITORY  OF  WISCONSIN,  EXECUTIVE  DEPARTMENT, 

BURLINGTON,  Jan.  2,  1838. 

To  the  Hon.  tlie  Speaker  of  the  House  of  Representatives: 

Sir, —  I  have  this  day  examined  and  approved  "An  act 
to  provide  for  the  sale  of  the  land  on  which  the  seat  of  jus- 
tice of  Racine  county  is  located,"  and  herewith  return  the 
same  to  the  House  of  Representatives. 

Very  respectfully, 

Your  obedient  servant, 

HENRY  DODGE. 


TO    THE  HOUSE   OF  REPRESENTATIVES 

JUKE  15,  1838 
From  the  Journal  of  the  House  of  Representatives,  p.  22 


EXECUTIVE  DEPARTMENT,  BURLINGTON,  June  15,  1838. 

To  the  Speaker  of  the  House  of  Representatives: 

Sir:  By  the  eighteenth  section  of  the  act  of  the  Legisla- 
tive Assembly,  approved  December  21,  1837,  "to  establish 
the  boundary  lines  of  the  counties  of  Dubuque,  Clayton, 
Jackson,  Benton,  Linn,  Jones,  Clinton,  Johnson,  Scott, 
Delaware,  Buchanan,  Cedar,  Fayette,  and  Keokuck,  and  to 
provide  for  the  location  of  the  Seats  of  Justice  in  said 
counties,  and  for  other  purposes,"  it  is  provided  that  "the 
Seat  of  Justice  in  the  county  of  Scott  shall,  from  and  after 


GOVERNOR   HENRY   DODGE  45 

the  first  day  of  April  next,  be  established  either  at  Daven- 
port or  Buckingham,  as  may  be  decided  by  the  qualified 
voters  of  said  county,  as  is  hereinafter  provided. " 

Under  the  provisions  of  the  law  in  question,  elections 
were  held  in  the  said  county  of  Scott,  and  by  the  returns 
made  by  the  Deputy  Clerk  of  the  District  Court  for  the 
county  of  Dubuque,  it  appeared  that  the  town  of  Daven- 
port received  two  hundred  and  ninety  votes,  and  the  town 
of  Buckingham  one  hundred  and  eighty  four  votes.  By 
the  act  referred  to,  it  was  made  the  duty  of  the  Governor, 
on  the  receipt  of  the  returns,  to  issue  a  proclamation  declar- 
ing the  result,  and  the  place  fixed  by  the  vote  of  the  people 
residing  within  the  boundaries  of  Scott  county,  as  the  Seat 
of  Justice  thereof. 

This  proclamation  has  not  as  yet  been  issued  in  conse- 
quence of  complaints  of  fraud  in  conducting  the  elections, 
which  are  in  my  opinion  sufficiently  well  grounded  to  justify 
me  in  withholding  the  Proclamation  until  the  Legislative 
Assembly  shall  have  had  an  opportunity  of  investigating 
these  grave  charges,  and  taking  some  action  on  the  subject. 
From  a  written  statement,  signed  by  eight  of  the  Justices 
of  the  Peace  for  Scott  county,  as  well  as  from  various  com- 
munications and  affidavits  sent  me,  it  was  apparent  to  me 
that  illegal  votes  had  been  taken  at  Davenport  in  favor  of 
that  place  as  the  Seat  of  Justice  for  Scott  county,  that  were 
residing  out  of  the  county  and  out  of  the  Territory,  had 
been  brought  to  the  polls  to  vote  for  Davenport. 

That  the  subject  of  locating  the  Seat  of  Justice  of  Scott 
county  should  receive  the  careful  revision  of  the  Legislative 
Assembly,  during  the  present  extra  session,  I  herewith 


4«  MESSAGES   AND   PROCLAMATIONS   OF 

send  all  the  documents  and  communications  which  I  have 
received  concerning  the  frauds  practised  at  this  election. 

HENRY  DODGE. 


TO    THE  JIOUHE   OF  REPRESENTATIVES 

JUNK  18,  1838 
From  the  Journal  of  the  House  of  Representatives,  p.  38 


EXECUTIVE  DEPARTMENT,  June  18th,  1838. 

To  the  Honorable  the  Speaker  of  the  House  of  Representa- 
tives: 

Sir:  I  have  examined  and  approved  a  memorial  and 
resolution  of  the  following  titles,  and  herewith  transmit  the 
same  to  the  House  of  Representatives,  where  they  origin- 
ated; namely: 

Memorial  to  the  President  of  the  United  States  on  the 
subject  of  the  public  lands  within  the  Territory  of  Wiscon- 
sin; and,  Resolution  authorizing  the  Secretary  of  the  Terri- 
tory to  borrow  money  to  defray  the  expenses  of  the  present 
session  of  the  Legislative  Assembly. 

With  great  respect, 
Your  ob't  servant,    HENRY  DODGE. 


TO   THE  HOUSE   OF  REPRESENTATIVES 

JUNE  20,  1838 
From  the  Journal  of  the  House  of  Representatives,  p.  42 


TERRITORY  OF  WISCONSIN,  EXECUTIVE  DEPARTMENT, 

June  20th,  1838. 

To  the  Speaker  of  the  House  of  Representatives: 
Sir:     I  enclose  you  a  copy  of  my  proclamation,  with  the 


GOVERNOR   HENRY   DODGE  47 

receipt  of  the  Sheriff  of  Grant  county  in  this  Territory,  for 
the  delivery  of  the  bodies  of  Jacob  Durick  and  William 
Colley,  fugitives  from  justice,  charged  with  the  crime  of 
murder,  and  recommend  that  the  sum  of  two  hundred  dol- 
lars be  allowed  to  M.  C.  Martin,  for  the  apprehension  and 
delivery  of  the  said  fugitives  to  the  civil  authorities  of 
Grant  county. 

You  will  receive  also  enclosed  the  account  of  M.  C.  Mar- 
tin with  the  deposition  of  certain  witnesses. 
I  am,  with  great  respect, 

Your  obedient  servant, 

HENRY  DODGE. 


TO    THE  HOUSE   OF  REPRESENTATIVES 

JUNE  20,   1838 
From  the  Journal  of  the  House  of  Representatives,  p.  49 


TERRITORY  OF  WISCONSIN,  EXECUTIVE  DEPARTMENT, 

June  20,   1838. 

Sir — I  have  examined  and  approved  the  following  acts 
and  resolution,  and  herewith  return  the  same  to  your  House 
where  they  originated,  viz: 

An  act  to  render  legal  the  acts  of  the  county  com- 
missioners of  the  counties  of  Clayton  and  Dubuque;  an  act 
to  amend  an  act  entitled  an  act  to  incorporate  the  Portage 
canal  company,  passed  by  the  Legislative  Council  of  the 
Territory  of  Michigan,  and  approved  March  7th,  1831. 

Kesolution  to  authorize  the  purchase  of  300  copies  of 
Maj.  Cooper's  book  on  tactics  for  the  use  of  the  militia 

of  this  territory. 

HENRY  DODGE. 


48  MESSAGES   AND   PROCLAMATIONS   OF 

TO    THE  HOUSE   OF  REPRESENTATIVES 

JUNK  23,   1838 
From  the  Journal  of  the  House  of  Representatives,  p.  65 


TERRITORY  OF  WISCONSIN,  EXECUTIVE  DEPARTMENT, 

June  23d,   1838. 

To  the  lion,  tlie  Speaker  of  the  House  of  Representatives: 

Sir, —  I  have  this  day  approved  and  signed  the  following, 
and  herewith  return  them  to  your  House,  where  they  origi- 
nated, viz: 

"An  act  to  annul  the  marriage  contract  of  Jonathan  J. 
King  and  Abigail  King,  his  wife." 

'  'An  act  supplementary  to  an  act  to  locate  and  establish 
a  territorial  road  east  of  the  Mississippi  river." 

"An  act  to  establish  the  seat  of  justice  of  Scott  county." 

"An  act  to  make  legal  the  acts  of  certain  justices  of  the 
peace." 

"An  act  to  locate  a  territorial  road  in  Grant  and  Iowa 
counties." 

"An  act  supplementary  to  an  act  to  locate  and  establish 
a  territorial  road  from  the  town  of  White  Oak  Springs  in 
Iowa  county,  to  the  Blue  Mounds  in  Dane  county;  and 

"An  act  to  authorize  James  Clay  born  to  keep  a  ferry 
across  the  Mississippi  river,  at  the  town  of  Camanche." 

Very  respectfully, 

HENRY  DODGE. 


GOVERNOR   HENRY   DODGE  49 

TO    THE  HOUSE   OF  REPRESENTATIVES 

JUNE  23,  1838 
From,  the  Journal  of  the  House  of  Representatives,  p.  67 


TERRITORY  OF  WISCONSIN,  EXECUTIVE  DEPARTMENT, 

June  23d,  1838. 

To  the  Hon.  the  Speaker  of  the  House  of  Representatives: 

Sir, — I  have  this  day  examined  and  approved  the  follow- 
ing, and  herewith  return  them  to  your  House,  viz: 

"  An  act  to  amend  an  act  regulating  marriages,"  approved 
April  23,  1833. 

"An  act  to  locate  a  territorial  road  east  of  the  Mississippi 
river." 

"An  act  to  locate  a  territorial  road  in  the  county  of 
Iowa." 

Very  respectfully, 

HENRY  DODGE. 


PROCLAMATIONS 


ON  THE  APPORTIONMENT  OF  MEMBERS   OF 

THE  COUNCIL  AND  HOUSE   OF 

REPRESENTA  TIVES 

SEPTEMBER  9,  1836 
From  the  Laws  of  Wisconsin  Territory,  1836,  p.  IS 


To  all  to  whom  time  presents  shall  come,  greeting: 

Know  ye,  that  I,  HENRY  DODGE,  governor  of  the  terri- 
tory of  Wisconsin,  by  virtue  of  the  power  in  me  vested  by 
the  act  of  congress,  passed  on  the  20th  day  of  April,  1836, 
for  the  organization  of  the  said  territory  of  Wisconsin,  hav- 
ing caused  the  census  of  said  territory  to  be  taken  according 
to  the  provisions  of  said  act — Therefore,  I  do  hereby  pro- 
claim and  declare,  that  I  have  apportioned  the  members  of 
the  council  and  house  of  representatives,  amongst  the  sev- 
eral counties  of  the  territory,  as  follows,  viz: 

To  the  county  of  Des  Moines,  seven  members  of  the 
house  of  representatives,  and  three  members  of  the  council. 

To  the  county  of  Du  Buque,  five  members  of  the  house 
of  representatives,  and  three  members  of  the  council. 

To  the  county  of  Iowa,  six  members  of  the  house  of  rep- 
resentatives, and  three  members  of  the  council. 

To  the  county  of  Brown,  three  members  of  the  house  of 
representatives,  and  two  members  of  the  council. 

To  the  county  of  Milwaukee,  three  members  of  the  house 
of  representatives,  and  two  members  of  the  council;  and 


GOVERNOR   HENRY   DODGE  51 

To  the  county  of  Crawford,  two  members  of  the  house  of 
representati  ves. 

And,  I  do  further  order  and  direct  that  the  first  election 
of  the  said  members  of  the  house  of  representatives  and 
council,  shall  be  held  on  the  second  Monday  of  October  next 
ensuing  —  and  that  the  sheriffs  of  the  several  counties 
within  said  territory,  shall,  within  their  respective  counties, 
give  at  least  ten  days  previous  notice  of  the  holding  said 
election,  by  publishing  the  same  in  one  or  more  newspapers, 
in  each  of  said  counties,  if  any  there  be,  or  by  putting  up 
at  least  five  written  or  printed  notices  in  each  and  every 
precinct  hereinafter  established  in  each  of  said  counties. 

And  it  is  also  further  ordered,  that  for  the  more  orderly 
conducting  of  said  election,  the  electors  present,  on  the  day 
and  at  the  place  of  election,  may  elect  any  three  persons  (who 
shall  be  voters)  to  preside  at  and  conduct  said  elections, 
and  in  the  absence  of  a  justice  of  the  peace  or  other  officer 
authorized  to  administer  oaths,  they,  the  said  inspectors, 
are  hereby  authorized  to  administer  to  each  other  the  usual 
oath  of  inspectors  of  elections,  and  the  said  inspectors  shall 
appoint  one  or  more  competent  clerks  of  said  elections,  who 
shall  keep  a  correct  poll-list  of  the  voters  of  said  election. 

And  it  is  further  directed,  that  the  poll-lists  of  said  elec- 
tion shall  be  (within  three  days  thereafter,)  certified  and 
sent  by  said  inspectors  to  the  sheriffs  of  the  several  counties, 
— that  the  said  poll  books  and  returns  shall  also  be  certified 
and  sent  by  the  said  sheriff,  (within  six  days  after  their 
receipt,)  to  the  governor  of  said  territory,  at  Belmont, 
Iowa  county  —  that  the  person  or  persons  having  the 
greatest  number  of  votes  for  the  said  council  and  house  of 


f>-J  MESSAGES   AND    PROCLAMATIONS   OF 

representatives,  t^ua!  to  the  number  to  which  each  county 
may  be  entitled,  shall  be  duly  elected,  —  and  a  certificate  to 
that  effect  shall  be  given  by  the  sheriffs  of  the  several 
counties  to  the  members  elect;  and  in  case  of  there  being  a 
tie  between  two  or  more  persons,  such  fact  shall  be  stated 
by  said  sheriffs. 

And,  I  do  further  order  and  direct  that  the  members 
elected  from  the  several  counties  for  representatives  and 
council  shall  convene  at  Belmont,  in  the  county  of  Iowa,  on 
the  25  th  day  of  October,  next  ensuing,  for  the  purpose  of 
organizing  the  first  session  of  the  legislative  assembly  of 
said  territory. 

And  I  do  also  direct  and  appoint  that  at  the  same  time 
and  place,  above  specified,  for  electing  the  members  of  said 
legislature,  there  shall  be  elected  by  the  voters  of  the  sev- 
eral counties,  one  delegate  to  the  congress  of  the  United 
States,  for  the  term  of  two  years,  agreeable  to  the  four- 
teenth section  of  the  act  of  congress,  and  that  the  election 
for  said  delegate  shall  be  conducted,  and  the  returns  made 
in  the  same  manner,  as  near  as  may  be,  as  is  prescribed  for 
the  election  of  said  members  of  the  legislature. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and 
affixed  my  seal,  this  ninth  day  of  September,  A.  D.,  1836. 

H.  DODGE. 


GOVERNOR   HENRY   DODGE  53 

THE  ELECTION  OF  MEMBERS  OF  THE  COUNCIL 

OCTOBER  25,  1836 
From  the  Laics  of  Wisconsin  Territory,  1836,  p.  14 


To  all  whom  tliese  presents  sliall  coine,  greeting: 

Know  ye,  That  I,  HENEY  DODGE,  Governor  of  the  Ter- 
ritory of  Wisconsin,  by  virtue  of  the  power  in  me  vested  by 
the  act  of  congress,  passed  on  the  10th  of  April,  1836,  for 
the  organization  of  the  said  territory,  having  caused  elec- 
tions to  be  held  in  the  several  counties  of  this  territory  on 
the  10th  inst.  for  members  to  the  council  and  house  of  rep- 
resentatives, as  well  as  a  delegate  to  the  congress  of  the 
United  States,  as  provided  for  by  said  act,  do  hereby 
declare  and  make  known  that  the  following  named  gentle- 
men are  duly  elected  members  of  the  said  council  from  the 
several  counties  herein  mentioned,  viz: 

From  the  county  of  Brown,  Henry  S.  Baird  and  John  P. 
Arndt. 

From  the  county  of  Milwaukee,  Gilbert  Knapp  and 
Alanson  Sweet. 

From  the  county  of  Iowa,  Ebenezer  Brigham,  John  B. 
Terry  and  James  R.  Vineyard. 

From  the  County  of  Dubuque,  John  Foley,  Thomas 
M'Craney  and  Thomas  McKnight. 

From  the  County  of  Des  Moines,  Jeremiah  Smith,  Jr., 
Joseph  B.  Teas  and  Arthur  B.  Inghram. 

Given  under  my  hand  and  seal,  at  Belmont,  this  25th 
October,  1836. 

H.  DODGE. 


54  MESSAGES   AND   PROCLAMATIONS   OF 

ON  THE  ELECTION    OF  REPRESENTATIVES 

OCTOBER  25,  1836 
From  t/ie  Lairs  of  Wisconsin  Territory,  1836,  p.  15 


To  all  whom  these  presents  shall  come,  greeting: 

Know  ye,  That  I,  HP:NRY  DODGE,  Governor  of  the 
Territory  of  Wisconsin,  by  virtue  of  the  power  in  me 
vested  by  the  act  of  congress,  passed  on  the  10th  April, 
183(5,  for  the  organization  of  the  said  territory,  having 
caused  elections  to  be  held  in  the  several  counties  of  this 
territory  on  the  10th  hist.,  for  members  of  the  council  and 
house  of  representatives,  as  well  as  a  delegate  to  the  con- 
gress of  the  United  States,  as  provided  for  by  said  act,  do 
hereby  declare  and  make  known,  that  the  following  named 
gentlemen  were  duly  elected  members  of  the  said  house  of 
representatives,  from  the  several  counties  herein  mentioned, 
viz: 

From  the  county  of  Brown,  Ebenezer  Childs,  Albert  G. 
Ellis  and  Alexander  J.  Irwin. 

From  the  county  of  Milwaukee,  William  B.  Sheldon, 
Madison  W.  Cornwall  and  Charles  Durkee. 

From  the  county  of  Iowa,  William  Boyles,  G.  F.  Smith, 
D.  M.  Parkinson,  Thos.  M'Knight,  T.  Shanley  and  J.  P. 
Cox. 

From  the  county  of  Crawford,  James  H.  Lockwood  and 
James  B.  Dallam. 

From  the  county  of  Dubuque,  Loing  Wheeler,  Hardin 
Nowlin,  Hosea  T.  Camp,  P.  H.  Engle  and  Patrick  Quig- 
ley. 

From  the  county  of  Des  Moines,  Isaac  Leffler,  Thomas 


GOVERNOR   HENRY   DODGE  55 

Blair,   Warren  L.   Jenkins.  John  Box,   George  W.  Teas, 
Eli  Reynolds  and  David  R.  Chance. 

Given  under  my  hand  and  seal  at  Belmont  this  25th  of 
October,  1836.  H.  DODGE. 


ON  THE  ELECTION  OF  DELEGATE  TO   CONGRESS 

NOVEMBER  1,  1836 
From  the  Belmont  Gazette,  Vol.  I,  No.  3,  Nov.  9,  1836 


To  all  whom  these  presents  shall  come — Greeting: 

Know  ye,  that  I,  HENRY  DODGE,  Governor  of  the  Terri- 
tory of  Wisconsin,  in  conformity  with  the  organic  law  of 
Congress  establishing  this  Territorial  Government,  approved 
the  20th  day  of  April,  1836,  have  caused  elections  to  be 
held  in  the  several  counties  of  this  Territory  for  a  Delegate 
to  the  House  of  Representatives  of  the  United  States,  to 
serve  for  the  term  of  two  years,  and,  I  do  hereby  declare 
and  make  known  that  GEORGE  W.  JONES,  Esquire,  has  been 
duly  elected  a  Delegate  as  aforesaid,  agreeably  to  the  14th 
section  of  said  organic  law. 

Given  under  my  hand  and  seal  at  Belmont,  this  first  of 
November,  1836.  H.  DODGE. 


OFFERING  A  REWARD 

DECEMBER  27,  1836 
From  the  Belmont  Gazette,  Vol.  I,  No.  9,  Dec.  28,  1836 


FOUR   HUNDRED  DOLLARS   REWARD 

WHEREAS,    It   has   been   represented   to   me,    that   one 
HENRY  O.  HAMMILL,   charged  with  the  crime  of  murder,  in 


56  MESSAGES   AND   PROCLAMATIONS   OF 

the  county  of  Des  Moines,  in  this  Territory,  is  now  a  fugi- 
tive from  justice  —  said  Ilammill,  is  about  22  years  of  age, 
five  feet  ten  inches  high,  and  of  a  sandy  complexion;  and 
that  NICHOLAS  HAKMAN,  charged  with  the  crime  of  murder, 
in  the  same  county,  is  also  a  fugitive  from  justice — said 
Harman  is  about  50  years  of  age,  about  5  feet  10  inches 
high,  and  of  a  dark  complexion;  now,  therefore,  I,  Henry 
Dodge,  Governor  of  the  Territory  of  Wisconsin,  by  virtue 
of  the  power  in  me  vested,  by  the  Congress  of  the  United 
States,  and  the  laws  of  this  Territory,  do  hereby  make 
known,  that  the  above  reward  of  four  hundred  dollars,  will 
be  given  for  the  apprehension  and  delivery  to  the  Sheriff  of 
Des  Moines  county,  of  the  said  Hammill  and  Harman,  or 
two  hundred  dollars  for  either,  in  order  that  they  may  be 
brought  to  trial  for  the  crime  with  which  they  stand  charged. 
In  testimony  Whereof,  I  have  hereunto  signed 
(L.  S.)  my  hand,  and  caused  the  Seal  of  the  Territory  to 

be  affixed.      Done  at  Belmont,  the  27th  day  of 

December. 

H.  DODGE. 
By  the  Governor. 
JOHN  S.  HORNER, 

Secretary  of  the  Territory  of  Wisconsin. 

The  Missouri  Argus  and  Illinois  State  Register  are  re- 
quested to  insert  the  above  4  times,  and  forward  their 
accounts  to  the  Secretary  of  the  Territory. 

Dec.  28. 


GOVERNOR  HENRY  DODGE  57 

ESTABLISHING  A  SEAT  OF  JUSTICE 

FEBRUARY  1,  1837 
From  the  Belmont  Gazette,   Vol.  I,  No.  17,  Feb.  22,  1837 


WHEREAS,  by  an  act  of  the  Legislative  Assembly,  en- 
titled "An  act  to  change  the  seat  of  justice  of  Brown 
county, "  approved  December  9th,  1836,  authority  is  given 
to  the  qualified  voters  of  said  county  to  hold  an  election  for 
the  purpose  of  selecting  one  of  the  places  named  in  the  first 
section  of  the  act,  viz:  Astor  Navavino  or  Depere,  as  the 
future  seat  of  justice  for  said  county;  the  election  to  be  con- 
ducted and  the  returns  thereof  made  and  certified  in  manner 
therein  prescribed;  the  Governor  of  the  Territory  is  there- 
upon to  "issue  his  proclamation,  declaring  the  result,  and 
the  place  fixed  by  the  vote  of  the  people  of  Brown  county, 
as  the  seat  of  justice  thereof." 

And  whereas,  in  compliance  with  the  provisions  of  said 
act,  the  qualified  voters  of  said  county  did,  on  the  third 
Monday  in  January,  1837,  proceed  to  hold  an  election  for 
the  purpose  aforesaid;  the  returns  whereof  having  been 
duly  certified  to  me  by  the  clerk  of  the  district  court  of  said 
county,  it  doth  appear  that  the  town  of  Depere  has  received 
a  large  majority  of  the  votes  of  said  county. 

Now  therefore,  by  virtue  of  the  authority  vested  in  me 
by  said  act,  and  in  conformity  with  the  returns  of  said  elec- 
tion, made  and  certified  according  to  law,  I  do  hereby  issue 
this  proclamation,  establishing  the  seat  of  justice  of  the 
said  county  of  Brown  at  Depere,  from  and  after  the  first 
day  of  April  next. 

In  testimony  whereof,  I  have  hereunto  set  my 


58  MESSAGES   AND   PROCLAMATIONS   OF 

(  L.  S.)     band  and  caused  the  great  seal  of  the  Territory  to 

be  affixed. 

Done  at  Belmont  the  first  day  of  February,  in  the  year  of 
our  Lord  1837,  and  of  the  Independence  the  sixty  first. 

H.  DODGE. 
By  the  Governor, 
Jonx  S.  HORNER, 

Secretary  of  the  Territory. 


OFFERING  A  REWARD 

APRIL  1,  1837 
From  the  Belmont  Gazette,  Vol.  I,  No.  24,  April  12,  1887 


WHEREAS,  it  has  been  represented  to  me  that  LINDEN  B. 
McOMBER,  charged  with  the  crime  of  murder,  in  the  county 
of  Iowa,  in  the  Territory  of  Wisconsin,  made  his  escape 
from  the  jail  of  Crawford  county,  on  the  morning  of  the 
20th  ult,  and  is  now  a  fugitive  from  justice.  Said  McOm- 
ber  is  about  25  or  26  years  of  age,  5  feet  8  or  9  inches  in 
height,  heavy  built,  sandy  complexion,  dark  reddish  beard, 
blue  eyes,  and  hair  inclined  to  curl.  It  is  said  that  his 
back  is  much  scarified,  and  that  one  of  his  hips  is  branded 
with  the  letter  D. 

Now  therefore,  I,  HENRY  DODGE,  Governor  of  the  said 
Territory,  by  virtue  of  the  power  in  me  vested  by  the  Con- 
gress of  the  United  States  and  the  laws  of  said  Territory, 
do  hereby  make  known,  that  the  above  named  reward  of 
two  hundred  dollars  will  be  given  for  the  apprehension  and 
delivery  of  the  said  McOmber  to  the  Sheriff  of  Iowa  county, 


GOVERNOR   HENRY   DODGE  59 

in  order  that  he  may  be  brought  to  trial  for  the  crime  with 
which  he  stands  charged. 

In  testimony  whereof,  I  have  hereunto  set  my 
(  L.  S.)     hand  and  caused  the  great  seal  of  the  territory  to 

be  affixed. 

Done  at  Belmont,  this  first  day  of  April,  in  the  year  of 
our  Lord,  one  thousand  eight  hundred  and  thirty  seven,  and 
of  the  Independence  of  the  United  States  the  sixty  first. 
By  the  Governor,  H.  DODGE. 

JOHN  S.  HORNER, 

Secretary  of  Wisconsin  Territory. 


ON  ELECTION  TO  FILL  A    VACANCY  IN  THE 
HOUSE   OF  REPRESENTATIVES 

MAY  31,   1837 
From  the  Iowa  News,  Vol.  I,  No.  2,  June  10,  1837 


WHEREAS,  it  is  provided,  in  the  4th  section  of  an  act  of 
the  Legislative  Council  of  Michigan,  entitled  "An  Act  to 
district  the  Territory  of  Michigan,  and  to  provide  for  the 
election  of  members  of  the  Legislative  Council, "  confirmed 
by  an  act  of  the  Legislative  Assembly  of  the  Territory  of 
Wisconsin,  entitled  '  'An  Act  to  amend  and  adopt  the  several 
laws  of  this  Territory  for  the  several  judiciary  tribunals, 
for  the  purpose  of  giving  said  laws  full  force  and  effect 
according  to  the  provisions  thereof,"  approved  December 
8th,  1836,  that  in  case  of  any  vacancy  of  any  member  of 
the  Legislative  Council  of  said  Territory,  by  death  or  other 
cause,  it  shall  be  the  duty  of  the  Governor  to  order,  by 
Proclamation,  another  election  in  that  district,  where  such 


00  MESSAGES   AND   PROCLAMATIONS   OF 

vacancy  shall  happen;  and  whereas,  a  vacancy  has  occurred 
in  the  delegation  to  the  House  of  Representatives  of  this 
Territory  from  the  county  of  Du  Buque,  by  the  death  of 
Ilosea  T.  Cam]),  late  a  member  thereof,  from  said  county. 
Now  therefore,  by  virtue  of  the  authority  vested  in  me 
by  the  President  of  the  United  States,  and  the  laws  of  this 
Territory,  I  do  hereby  issue  this  Proclamation,  ordering  an 
election  to  be  on  MONDAY  the  10th  DAY  OF  JULY  next,  at 
the  several  places  within  the  said  county  designated  for 
holding  elections,  for  the  purpose  of  choosing  a  Repre- 
sentative to  the  next  Legislative  Assembly,  to  supply  the 
vacancy  occasioned  by  the  death  of  Hosea  T.  Camp — the 
said  election  in  all  things  to  be  conducted,  and  the  result 
certified  and  declared,  in  the  same  manner,  as  near  as  may 
be  agreeably  to  the  provisions  of  an  act  of  the  Legislative 
Council  of  Michigan,  entitled  "An  Act  to  regulate  the 
election  of  a  Delegate  to  the  Congress  of  the  United 
States,"  confirmed  by  an  act  of  the  Legislative  Assembly 
of  the  Territory  of  Wisconsin,  approved  December  8th, 
1836. 

In  testimony  whereof,  I  have  hereunto  set  my 
(L.  S.)     hand  and  caused  the  great  seal  of  the  Territory  to 

be  affixed. 

Done  at  Mineral  Point,  this  thirty-first  day  May,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and 
thirty-seven,  and  of  the  Independence  of  the  United 
States  the  sixty-first. 

HENRY  DODGE. 
By  the  Governor; 

W.  B.  SLAUGHTER,  Sec.  W.  T. 


GOVERNOR   HENRY   DODGE  61 

ON  ELECTION  TO  FILL  A    VACANCY  IN  THE 

COUNCIL 

JUNE  27,   1837 
From  Original  MS.  in  the  Governor's  Office  at  Madison,  Wisconsin 


On  this  day  His  Excellency,  Governor  Dodge,  issued  the 
following  Proclamation : 

WHEREAS,  it  is  provided  in  the  4th  section  of  an  act  of 
the  Legislative  Council  of  Michigan  entitled  "An  act  to 
district  the  Territory  of  Michigan,  and  to  provide  for  the 
election  of  members  of  the  Legislative  Council."  confirmed 
by  an  act  of  the  Legislative  Assembly  of  the  Territory  of 
Wisconsin  entitled  '  'An  act  to  amend  and  adopt  the  several 
laws  of  this  Territory  for  the  several  judiciary  tribunals, 
for  the  purpose  of  giving  said  laws  full  force  and  effect, 
according  to  the  provisions  thereof."  approved  December 
8th,  1836,  that  in  case  of  any  vacancy  of  any  member  of 
the  Legislative  Council  of  said  Territory  by  death  or  other 
cause,  it  shall  be  the  duty  of  the  Governor  to  order  by 
proclamation  another  election  in  the  district  where  such 
vacancy  shall  happen;  and  whereas  a  vacancy  has  occurred 
in  the  Delegation  to  the  Council  of  this  Territory  from  the 
district  composed  of  the  original  county  of  Brown  by  the 
Resignation  of  Henry  S.  Baird,  late  a  member  thereof  from 
said  district. 

Now  therefore,  by  virtue  of  the  authority  vested  in  me 
by  the  President  of  the  United  States,  and  the  laws  of  this 
Territory,  I  do  hereby  issue  this  proclamation,  ordering  an 
election  to  be  held  on  Saturday,  the  second  day  September 
next,  at  the  several  places,  within  the  said  district,  desig- 


62  MESSAGES   AND    PROCLAMATIONS   OF 

mited  for  holding  elections,  for  the  purpose  of  choosing  a 
member  of  Council  to  the  next  Legislative  Assembly  to 
supply  the  vacancy  occasioned  by  the  resignation  of  the 
said  Henry  S.  Baird,  the  said  election  in  all  things  to  be 
conducted,  and  the  result  certified  and  declared  in  the  same 
manner  as  near  as  may  be  agreeably  to  the  provisions  of  an 
act  of  the  Legislative  Council  of  Michigan,  entitled  "An 
act  to  regulate  the  election  of  a  delegate  to  the  Congress  of 
the  United  States. "  confirmed  by  an  act  of  the  Legislative 
Assembly  of  the  Territory  of  Wisconsin  as  aforesaid. 

In  testimony  whereof,  I  have  hereunto  set  my 
(L.  S.)     hand,   and  caused  the  great  seal  of  the  Territory 

to  be  affixed. 

Done  at  Mineral  Point  this  twenty  seventh  day  of  June 
in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
thirty  seven,  and  of  the  Independence  of  the  United  States 
the  sixty  first. 

HENKY  DODGE. 
By  the  Governor 

VV.  B.  SLAUGHTER 

Secy.  "Wis.  Territory. 


ON"  ELECTION  TO  FILL  A   VACANCY  IN  THE 
HOUSE   OF  REPRESENTATIVES 

JULY  4,  1837 
From  Original  MS.  in  the  Governor's  Office  at  Madison,  Wisconsin 


On  this  day  His  Excellency,  Governor  Dodge,  issued  the 
following  Proclamation : 


GOVERNOR   HENRY   DODGE  63 

WHEKEAS,  it  is  provided  in  the  4th  section  of  an  act  of 
the  Legislative  Council  of  Michigan,  entitled  "An  act  to 
district  the  Territory  of  Michigan,  and  to  provide  for  the 
election  of  members  of  the  Legislative  Assembly."  con- 
firmed by  an  act  of  the  Legislative  Assembly  of  the  Terri- 
tory of  Wisconsin,  entitled  "An  act  to  amend  and  adopt 
the  several  laws  of  this  Territory  for  the  several  judiciary 
tribunals  for  the  purpose  of  giving  said  laws  full  effect, 
according  to  the  provisions  thereof,"  approved  December 
8th,  1836,  that  in  case  of  any  vacancy  of  any  member  of 
the  Legislative  Council  of  said  Territory  by  death  or  other 
cause,  it  shall  be  the  duty  of  the  Governor  to  order  by 
proclamation,  another  election  in  that  district,  where  such 
vacancy  shall  happen;  and  whereas,  a  vacancy  has  occurred 
in  the  Delegation  to  the  House  of  Representatives  of  this 
Territory  from  the  county  of  Brown,  by  the  resignation  of 
Albert  Gr.  Ellis,  late  a  member  thereof  from  said  county. 

Now  therefore,  by  virtue  of  the  authority  vested  in  me 
by  the  President  of  the  United  States,  and  the  laws  of  this 
Territory,  I  do  hereby  issue  this  proclamation,  ordering  an 
election  to  be  held  on  Saturday,  the  second  day  of  Septem- 
ber next,  at  the  several  places  within  the  said  county  of 
Brown  designated  for  holding  elections,  for  the  purpose  of 
choosing  a  Representative  to  the  next  Legislative  Assembly, 
to  supply  the  vacancy  occasioned  by  the  resignation  of  said 
Albert  Gr.  Ellis,  the  said  election  in  all  things  to  be  con- 
ducted, and  the  result  certified  and  declared,  in  the  same 
manner,  as  near  as  may  be  agreeably  to  the  provisions  of 
an  act  of  the  Legislative  Council  of  Michigan,  entitled  ' '  An 
act  to  regulate  the  election  of  a  Delegate  to  the  Congress  of 


c,4  MESSAGES   AND    PROCLAMATIONS   OF 

the  United  States."  confirmed  by  an  act  of  the  Legislative 
Assembly  of  the  Territory  of  AVisconsin  as  aforesaid. 

In  testimony  whereof,  I  have  hereunto  set  my 
(  L.  S.)     hand  and  caused  the  great  seal  of  the  Territory  to 

})e  affixed. 

Done  at  Mineral  Point,  this  fourth  day  of  July  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  thirty 
seven,  and  of  the  Independence  of  the  United  States  the 
sixty  first. 

HENRY  DODGE. 
By  the  Governor 
AAr.  B.  SLAUGHTER 
Secy.  AVis.  Territory. 


ON  ELECTION  TO  FILL  A    VACANCY  IN  THE 
HOUSE   OF  REPRESENTATIVES 

AUGUST  12,  1837 
From  Original  MS.  in  the  Governor's  Office  at  Madison,  Wisconsin 


On  this  day  His  Excellency,  Gov.  Dodge,  issued  the 
following  Proclamation : 

WHEREAS,  it  is  provided  in  the  4th  section  of  an  act  of 
the  Legislative  Council  of  Michigan,  entitled  "An  act  to 
district  the  Territory  of  Michigan  and  to  provide  for  the 
election  of  members  of  the  Legislative  Council."  confirmed 
by  an  act  of  the  Legislative  Assembly  of  the  Territory  of 
AVisconsin,  entitled  ' '  An  act  to  amend,  and  adopt  the  sev- 
eral laws  of  this  Territory  for  the  several  judiciary  tribunals, 
for  the  purpose  of  giving  said  laws  full  force  and  effect 


GOVERNOR   HENRY   DODGE  65 

according  to  the  provisions  thereof."  approved  December 
8th,  1836,  that  in  case  of  any  vacancy  of  any  member  of 
the  Legislative  Council  of  said  Territory,  by  death  or  other 
cause,  it  shall  be  the  duty  of  the  Governor,  to  order,  by 
proclamation  another  election  in  that  district  where  such 
vacancy  shall  happen ;  and  whereas,  vacancies  have  occurred 
in  the  Delegation  to  the  House  of  Representatives  of  this 
Territory,  from  the  county  of  Crawford,  by  the  resignation 
of  James  H.  Lockwood  and  James  B.  Dallam,  late  mem- 
bers thereof  from  said  county. 

Now  therefore,  by  virtue  of  the  authority  vested  in  me 
by  the  President  of  the  United  States,  and  the  laws  of  this 
Territory,  I  do  hereby  issue  this  proclamation,  ordering  an 
election  to  be  held  on  Friday,  the  twenty  ninth  day  of 
September  next,  at  the  several  places  within  the  said  county 
of  Crawford,  designated  for  holding  elections,  for  the  pur- 
pose of  choosing  Representatives  to  the  next  Legislative 
Assembly  to  supply  the  vacancy  occasioned  by  the  resigna- 
tions of  the  said  James  H.  Lockwood  and  James  B.  Dallam, 
the  said  election  in  all  things  to  be  conducted,  and  the 
result  certified,  and  declared,  in  the  same  manner,  as  near 
as  may  be  agreeably  to  the  provisions  of  an  act  of  the 
Legislative  Council  of  Michigan  entitled  "An  act  to  regu- 
late the  election  of  a  Delegate  to  the  Congress  of  the  United 
States."  confirmed  by  an  act  of  the  Legislative  Assembly  of 
the  Territory  of  Wisconsin  as  aforesaid. 

In  testimony  whereof,  I  have  hereunto  set  my 
(L.  S.)     hand  and  caused  the  great  seal  of  the  Territory  to 
be  affixed. 

Done  at  Mineral  Point,  this  12th  day  of  August  in  the 


00  MESSAGES   AND   PROCLAMATIONS   OF 

year  of  our  Lord  one  thousand,  eight  hundred  and  thirty 
seven,  and  of  the  Independence  of  the  United  States  the 
sixty  second. 

HENRY  DODGE. 
By  the  Governor 

W.  B.  SLAUGHTER 

Secy.  Wis.  Territory. 


REVOKING  A    COMMISSION 

DECEMBER  25,  1837 
Prom  Original  MS.  in  the  Governor's  Office  at  Madison,  Wisconsin 


His  Excellency,  Governor  Dodge,  this  day  issued  the  fol- 
lowing Proclamation: 
To  all  lulwm  these  pi*esents  shall  come,  greeting: 

Whereas  Daniel  Wells  Junior  was  on  the  5th  day  of 
December,  1836,  duly  appointed  and  commissioned  a  jus- 
tice of  the  peace,  for  the  county  of  Milwaukee  for  the  term 
of  three  years  from  the  date  aforesaid  and  whereas  it  has 
been  represented  to  me  that  the  said  Daniel  Wells  Junior 
does  not  and  will  not  attend  to  the  duties  of  his  said  com- 
mission. 

Now  therefore,  by  the  authority  vested  in  me  and  the 

laws  thereof  and  in  consideration  of  the  aforesaid  premises, 

I  do  hereby  revoke  and  determine  the  commission  of  the 

said  Daniel  Wells  from  and  after  the  date  of  these  presents. 

In  testimony  whereof  I  have  hereunto  set  my 

(SEAL)     hand  and  caused  the  great  seal  of  the  Territory  to 

be  affixed. 


GOVERNOR  HENRY  DODGE  67 

Done  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  thirty  seven  and  of  the  Independence  of  the  United 
States  the  sixty  second. 

HENRY  DODGE. 


OFFERING  A   REWARD 

FEBRUARY  16,  1838 
From  Original  MS.  in  the  Governor's  Office  at  Madison,  Wisconsin 


Whereas,  it  has  been  represented  to  me  that  a  certain 
Lindsey  Evans  principal  &  Jacob  Derrick  <fe  William  Colby 
(accomplices)  charged  with  the  crime  of  murder  in  the 
county  of  Grant  in  this  Territory  are  now  fugitives  from 
justice: 

Now  therefore,   I,  Henry  Dodge,   Governor  of  the  said 
Territory,  by  virtue  of  the  power  vested  in  me  by  the  Con- 
gress of  the  United  States  and  the  laws  of  this  Territory  do 
hereby  make  known  that  the  above  reward  of  four  hundred 
dollars  will  be  given  for  the  apprehension  &  delivery  to  the 
Sheriff  of  Grant  county  of  the  said  Evans  Derrick  &  Colby, 
or  two  hundred  dollars  for  the  principal,  and  one  hundred 
dollars  each  for  the  accomplices  in  order  that  they  may  be 
brought  to  trial  for  the  crime  with  which  they  stand  charged. 
In  testimony  whereof  I  have  hereunto  signed 
my  hand  &  caused  the  great  seal  of  the  Territory 
to  be  affixed. 

Done  at  Mineral  Point  this  16th  of  Feb.,  1838. 

HENRY  DODGE. 
By  the  Governor. 


68  MESSAGES   AND   PROCLAMATIONS   OF 

ON  ELECTION  TO  FILL  A    VACANCY  IN  THE 
HOUSE   OF  REPRESENTATIVES 

FEBRUARY  24,  1838 
From    Original  318.  in  the  Governor's  Office  at  Madison,  Wisconsin 


On  this  day  His  Excellency,  Governor  Dodge,  issued  the 
following  Proclamation : 

To  the  Sheriff  of  the  County  of  Iowa. 

Whereas  it  is  provided  in  the  nineteenth  section  of  an  act 
providing  for  and  regulating  general  elections  in  the  Terri- 
tory approved  the  seventeenth  day  of  January  last  that 
when  any  vacancy  shall  happen  in  the  office  of  members  of 
the  Council  and  House  of  Representatives  of  the  Legislative 
Assembly  the  Governor  shall  issue  a  writ  of  election  directed 
to  the  Sheriff  of  the  county  or  district  in  which  such  vacancy 
shall  happen  commanding  him  to  notify  the  several  Judges 
of  Election  in  his  county  or  district  to  hold  a  special  elec- 
tion to  fill  such  vacancy  at  a  time  to  be  appointed  by  the 
Governor  and  whereas  a  vacancy  has  occurred  in  the  office 
of  members  of  the  House  of  Representatives  from  the  dis- 
trict composed  of  the  organized  county  of  Iowa  by  the 
resignation  of  George  F.  Smith  late  member  of  the  House 
of  Representatives  from  the  said  district.  Now  in  con- 
formity with  the  provisions  of  the  aforesaid  act  you  are 
hereby  commanded  to  notify  the  several  judges  of  election 
in  the  said  district  to  hold  a  special  election  to  fill  such 
vacancy  on  Monday  the  4th  day  of  May  next. 

In  testimony  whereof,  I  have  hereunto  set  my 
(  SEAL  )     hand  and  caused  the  great  seal  of  the  Territory  to 
be  affixed. 


GOVERNOR   HENRY   DODGE  69 

Done  at  Mineral  Point  the  twenty  fourth  day  of  February 
in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
thirty  eight. 

HENRY  DODGE. 
By  the  Governor. 

(Signed)     WM.  B.  SLAUGHTER. 

Secty  Wis.  Territory. 


ON  ELECTION  TO   FILL  A    VACANCY  IN  THE 
HOUSE   OF  REPRESENTATIVES 

FEBRUARY  24,  1838 
From  Original  MS.  in  the  Governor's  Office  at  Madison,  Wisconsin 


To  the  Sheriff  of  the  County  of  Dubuque. 

Whereas  it  is  provided  in  the  nineteenth  section  of  an  act 
providing  for  and  regulating  general  elections  in  this  Terri- 
tory approved  the  seventeenth  day  of  January  last  that 
when  any  vacancy  shall  happen  in  the  office  of  members  of 
the  Council  and  House  of  Representatives  of  the  Legislative 
Assembly  by  death  resignation  or  otherwise,  the  Governor 
shall  issue  a  writ  of  election  directed  to  the  Sheriff  of  the 
county  or  district  in  which  such  vacancy  shall  happen  com- 
manding him  to  notify  the  several  judges  of  election  in  his 
county  or  district  to  hold  a  special  election  to  fill  such 
vacancy  or  vacancies  at  a  time  to  be  appointed  by  the  Gov- 
ernor and  whereas  vacancies  happened  in  the  offices  of 
members  of  the  House  of  Representatives  from  the  district 
composed  of  the  original  county  of  Dubuque  by  the  resig- 
nation of  Patrick  Quigley  and  Alexander  McGregor  late 


70  MESSAGES   AND   PROCLAMATIONS   OF 

members  of  the  House  of  Representatives  from  the  said  dis- 
trict. 

Now  therefore  in  conformity  with  the  provisions  of  the 
aforesaid  act  you  are  hereby  commanded  to  notify  the  sev- 
eral judges  of  election  in  the  said  district  to  hold  a  special 
election  to  fill  said  vacancies  on  Monday  the  fourth  day  of 
May  next. 

In  testimony  whereof,  I  have  hereunto  set  my 
(  SEAL  )     hand  and  caused  the  great  seal  of  the  territory  to 

be  affixed. 

Done  at  Mineral  Point  this  twenty-fourth  day  of  February 
in  the  year  of  our  Lord  one  thousand  eight  hundred  &> 
thirty  eight. 

HENEY  DODGE. 
By  the  Governor 

WM.  B.  SLAUGHTER. 

Secty.  Wis.  Territory. 


GOVERNOR  ROBERT  LUCAS 


BIOGRAPHICAL   SKETCH 

Robert  Lucas,  the  first  Governor  of  the  Territory  of 
Iowa,  was  born  at  Shepherdstown  in  the  valley  of  Jeffer- 
son, Jefferson  County,  Virginia,  on  April  1,  1781.  His 
father,  who  served  in  the  war  of  the  Revolution  with 
the  rank  of  Captain,  is  said  to  have  been  a  descendant  of 
William  Penn,  of  Pennsylvania.  His  mother  was  of  Scotch 
descent.  Robert  was  the  ninth  of  a  family  of  twelve  chil- 
dren, six  of  whom  were  sons. 

About  the  time  Robert  Lucas  attained  his  majority  the 
Lucas  family  removed  to  Portsmouth,  Scioto  County,  Ohio, 
then  a  part  of  the  Northwest  Territory.  Before  going  to 
the  Ohio  frontier,  however,  the  father  freed  his  slaves.  In 
1816  Robert  Lucas  became  a  resident  of  Piketon,  Pike 
County,  Ohio.  Here  he  continued  to  live  until  his  removal 
to  the  Territory  of  Iowa  in  1838.  He  was  first  married  in 
1810  to  Elizabeth  Brown,  who  died  in  1812.  In  1816  he 
married  Friendly  A.  Sumner.  One  of  his  sons,  Edward 
W.  Lucas,  was  Lieutenant-Colonel  of  the  Fourteenth  Iowa 
Volunteers  in  the  war  of  the  Rebellion. 

Robert  Lucas  spent  the  greater  part  of  his  life  in  the 
public  service.  In  1803  he  held  the  office  of  First  Lieu- 
tenant in  the  Ohio  Militia.  In  1804  he  was  Lieutenant 
in  the  Militia  of  Scioto  County,  Ohio.  After  promotion 
through  the  several  subordinate  ranks  he  was  finally 
appointed  Major -General  of  the  Ohio  Militia  in  1818.  He 
was  at  one  time  commissioned  as  Captain  in  the  regular 


74  ROBERT   LUCAS 

army  of  the  United  States.  And  he  served  in  the  war  of 
1812.  Subsequently  he  was  appointed  to  the  position 
of  Lieutenant- Colonel  and  then  of  Colonel  in  the  United 
States  Army. 

As  to  civil  positions  it  appears  that  Robert  Lucas  was 
first  appointed  to  the  office  of  County  Surveyor  by  the 
Governor  of  Ohio  in  1803.  In  1805  he  was  commissioned 
Justice  of  the  Peace  for  Union  Township,  Scioto  County, 
Ohio.  For  nineteen  years  years  he  served  in  the  legislature 
of  Ohio.  The  records  show  that  he  served  as  chairman  in 
both  branches  of  the  Ohio  legislature.  In  1820  and  again 
1828  he  served  as  presidential  elector  from  Ohio.  In  1832 
he  was  elected  Governor  of  Ohio.  Two  years  later  he 
was  reelected  to  the  same  high  office.  In  1838  he  was 
appointed  Governor  of  the  Territory  of  Iowa  by  President 
Van  Buren.  Finally,  in  1844  he  served  as  a  member  of 
the  first  Constitutional  Convention  of  Iowa.  It  is  worthy 
of  mention  that  Robert  Lucas  acted  as  chairman  of  the  first 
National  Convention  of  the  Democratic  party  which  was 
held  at  Baltimore,  Maryland.  At  this  Convention  Andrew 
Jackson  was  nominated  as  the  Democratic  candidate  for  the 
office  of  President  of  the  United  States. 

After  retiring  from  the  office  of  Governor  of  Iowa  in 
1841  Robert  Lucas  took  up  his  residence  on  a  farm  which 
he  had  purchased  near  Iowa  City,  Iowa.  He  died  at  Iowa 
City  on  February  7,  1853,  at  the  age  of  seventy-two  years. 

BIBLIOGRAPHICAL  NOTE. — Annals  of  Iowa,  Vol.  VIII,  pp.  4—7, 
44,  155,  283.  Annals  of  Iowa,  3rd  Series,  Vol.  II,  pp.  221,  409, 
473.  Iowa  Historical  Itecord,  Vol.  VIII,  pp.  276-277. 


FIRST  ANNUAL  MESSAGE 

NOVEMBEB    12,    1838 

From  the  Journal  of  the   Council,  p.  4 


Gentlemen  of  tlie  Council  and  House  of  Representatives,  of 

the  Legislative  Assembly: 

Through  the  intervention  of  Divine  Providence,  we  have 
been  permitted  to  convene  at  this  time,  for  the  purpose  of 
organizing  the  first  Legislative  Assembly,  under  the  pro- 
visions of  an  act  of  Congress,  passed  the  12th  day  of  June, 
A.  D.  1838,  entitled  "An  act  to  divide  the  Territory  of 
Wisconsin,  and  to  establish  the  Territorial  Government  of 
Iowa." 

This  act  must  be  viewed  by  us,  as  the  constitutional  char- 
ter of  the  Territory;  it  prescribes  our  powers,  defines  our 
duties,  directs  our  actions,  and  points  out  our  rights  and 
privileges.  It  declares  that  the  Legislative  power  shall  be 
vested  in  the  Governor  and  Legislative  Assembly,  and  shall 
extend  to  all  rightful  subjects  of  legislation.  This  declara- 
tion brings  within  the  power  of  the  Legislature  all  subjects 
that  relate  to  the  organization  of  the  local  government  of  the 
Territory,  (that  does  not  contravene  the  act  of  Congress,  or 
the  Constitution  of  the  United  States;)  all  subjects  that  re- 
late to  the  protection  and  preservation  of  the  lives,  liberties, 
property,  and  the  reputation  of  the  people  of  the  Territory; 
the  punishment  of  crimes,  misdemeanors,  and  immoral  prac- 
tices, and  such  other  subjects  as  tend  to  the  advancement  of 


76  MESSAGES   AND   PROCLAMATIONS   OF 

the  public  good,  the  general  improvement  of  the  country, 
and  the  promotion  of  the  peace,  happiness,  and  prosperity 
of  the  people. 

This  important  trust  has  been  reposed  in  us  by  our  coun- 
try, and  we  have  taken  the  most  solemn  obligations  faith- 
fully and  impartially  to  perform  the  same.  When  we  con- 
sider that  the  eyes  of  the  people  of  the  United  States  are 
upon  us — that  they  have  an  interest  in  this  Territory  and 
feel  an  anxious  solicitude  for  its  prosperity,  (which  must 
either  be  advanced  or  retarded  by  our  acts,)  and  view  the 
immense  importance  of  laying  a  good  foundation  of  juris- 
prudence, and  preparing  a  system  of  laws  wisely  adapted  to 
our  situation  and  interest,  and  reflect  that  the  convenience, 
prosperity,  and  happiness  of  the  people  are  intimately  con- 
nected with  the  local  organization  of  the  Territory,  in  all  its 
various  ramifications,  we  are  impressed  with  a  sense  of  the 
weight  of  responsibility  imposed  upon  us,  and  are  led  to  ask 
aid  from  that  Providence  who  has  hitherto  sustained  us; 
whom  we  view  as  the  Governor  of  the  Universe,  the  Author 
of  all  good,  and  the  Fountain  of  every  blessing,  and  sin- 
cerely implore  his  protecting  care  over  us,  and  pray  that  he 
may  inspire  us,  as  well  as  all  who  may  succeed  us  in  au- 
thority, with  wisdom  to  perceive,  judgment  to  determine, 
and  energy  to  execute  such  measures  as  will  advance  to  the 
greatest  degree  of  prosperity,  the  physical,  political,  intel- 
lectual, and  moral  condition  of  this  pleasant  land  and  inter- 
esting Territory. 

Gentlemen,  having  called  you  together  at  this  time  for 
the  purpose  of  aiding  by  your  deliberations,  in  perfecting 
the  local  organization  of  the  Government  of  this  Territory, 


GOVERNOR  ROBERT  LUCAS          77 

it  becomes  my  duty  to  present  to  your  consideration  such 
subjects  as  are  deemed  most  essential  to  the  accomplishment 
of  that  object,  and  to  recommend  such  a  course  of  proceed- 
ings as  are  deemed  most  advisable  under  existing  circum- 
stances. 

The  laws  of  Wisconsin  are  declared  to  be  in  force  in  this 
Territory,  so  far  as  they  are  not  incompatible  with  the  or- 
ganic law. — But  when  we  consider  their  incompatibility  in 
many  respects  with  that  law,  and  the  confusion  into  which 
they  are  thrown  by  being  blended  with  the  laws  of  Michigan, 
which  are  incompatible  and  conflicting  in  many  points,  we 
are  satisfied  that  our  Territory  can  derive  no  benefit  from 
them,  and  that  our  most  advisable  course  of  action  will  be, 
to  proceed  to  organize  the  local  Government  of  the  Terri- 
tory in  conformity  to  the  organic  law,  and  to  adapt  all  our 
laws  to  suit  the  situation  and  interests  of  the  Territory,  with- 
out reference  to  the  laws  of  either  Wisconsin  or  Michigan. 

Under  this  impression,  I  will  call  your  attention  in  an 
especial  manner  to  various  subjects,  deemed  indispensable  to 
the  local  organization  of  the  Government  under  the  organic 
law. 

The  subject  of  providing  by  law  for  the  organization  of 
townships,  the  election  of  township  officers,  and  defining 
their  powers  and  duties,  I  consider  to  be  of  the  first  impor- 
tance and  almost  indispensable  in  the  local  organization  of 
the  Government.  Without  proper  township  regulations  it 
will  be  extremely  difficult,  if  not  impracticable,  to  establish 
a  regular  school  system.  In  most  of  the  States  where  a 
common  school  system  has  been  established  by  law,  the 
trustees  of  townships  are  important  agents  in  executing  the 


78  MESSAGES   AND   PROCLAMATIONS   OF 

provisions  of  the  laws.  To  them  are  entrusted  the  care 
and  superintendence  of  the  school  lands  of  their  respective 
townships,  the  division  of  townships  into  school  districts, 
and  various  other  duties  relating  to  building  school  houses, 
the  organization  of  school  districts,  and  the  support  of 
schools  in  their  respective  townships. 

The  12th  section  of  the  act  of  Congress,  establishing  our 
Territory,  declares  "That  the  citizens  of  Iowa  shall  enjoy  all 
the  rights,  privileges,  and  immunities  heretofore  granted  and 
secured  to  the  Territory  of  Wisconsin  and  its  inhabitants." 
This  extends  to  us  all  the  rights,  privileges,  and  immunities 
specified  in  the  ordinance  of  Congress  of  the  13th  of  July, 
1787. 

The  third  article  of  this  ordinance  declares,  "That 
religion,  morality,  and  knowledge,  being  necessary  to  good 
government  and  the  happiness  of  mankind,  schools  and 
the  means  of  education  shall  forever  be  encouraged." 
Congress,  to  carry  out  this  declaration,  have  granted  one 
section  of  land  in  each  township  to  the  inhabitants  of  such 
township  for  the  purpose  of  schools  therein. 

There  is  no  subject  to  which  I  wish  to  call  your  attention 
more  emphatically,  than  the  subject  of  establishing,  at  the 
commencement  of  our  political  existence,  a  well  digested 
system  of  common  schools;  and  as  a  preparatory  step 
towards  effecting  that  important  object,  as  well  as  the  con- 
sideration of  numerous  other  advantages  that  must  flow 
from  the  measure,  I  urge  upon  your  consideration  the  neces- 
sity of  providing  by  law  for  the  organization  of  townships. 

The  seventh  section  of  the  act  of  Congress  organizing 
our  Territory  declares,  that  all  county  officers,  except  judi- 


GOVERNOR  ROBERT  LUCAS  Y9 

cial  officers,  justices  of  the  peace,  sheriffs  and  clerks  of 
courts,  shall  be  elected  by  the  people;  and  in  the  16th 
section  it  is  declared,  that  all  justices  of  the  peace,  con- 
stables, sheriffs,  and  all  other  executive  and  judicial  officers 
who  were  in  office  on  the  3d  of  July  last,  should  be  author- 
ized and  required  to  continue  to  exercise  and  perform  the 
duties  of  their  respective  offices  as  officers  of  the  Territory 
of  Iowa,  temporarily,  and  until  they  or  others  should  be 
duly  appointed  to  fill  their  places  in  the  Territorial  govern- 
ment of  Iowa;  with  a  proviso,  that  no  officer  should  hold 
or  continue  in  office  by  virtue  of  that  provision  over  twelve 
months  from  the  said  3d  day  of  July. 

By  the  foregoing  provision  in  the  7th  section  it  will  be 
perceived  that  all  officers  that  partake  of  the  character 
of  county  officers,  except  judicial  officers,  justices  of  the 
peace,  sheriffs  and  clerks  of  courts,  are  to  be  elected  by  the 
people.  The  proviso  in  the  16th  section  declares,  that 
officers  shall  hold  their  office  temporarily;  and  after  enu- 
merating justices  of  the  peace,  constables  and  sheriffs,  uses 
the  general  term,  all  other  executive  and  judicial  officers. 
From  an  examination  of  the  sections  above  stated,  it  will  be 
perceived  that  there  are  doubts  as  to  the  rights  of  certain 
officers  to  act  under  former  appointments  after  the  3d  of 
July.  To  remove  these  doubts  and  to  secure  the  election 
of  other  officers  by  the  people,  that  have  heretofore  been 
appointed  by  the  Executive  and  Council,  I  would  recom- 
mend a  revision  of  all  laws  that  relate  to  the  organization 
of  counties,  and  the  appointment  of  county  officers,  so 
as  to  comply  strictly  with  the  organic  law  of  Congress.  I 
would  also  recommend  a  revision  of  all  laws  that  relate 


80  MESSAGES   AND   PROCLAMATIONS   OF 

to  the  powers  and  duties  of  executors,  administrators,  and 
guardians,  as  well  as  the  laws  relating  to  the  levying  and 
collecting  of  county  and  Territorial  taxes. 

The  ninth  section  of  the  organic  law  declares,  that  "the 
judicial  power  of  the  Territory  shall  be  vested  in  a  supreme 
court,  district  courts,  probate  courts,  and  in  justices  of  the 
peace;  and  that  the  jurisdiction  of  these  several  courts,  both 
appellate  and  original,  and  those  of  the  probate  courts  and 
of  the  justices  of  the  peace,  shall  be  as  limited  by  law," 
with  a  prohibitory  provision  excluding  from  the  jurisdiction 
of  justices  of  the  peace  controversies  where  the  title  or 
boundary  of  land  may  be  in  dispute,  or  where  the  debt  or 
sum  claimed  exceeds  fifty  dollars. 

This  is  the  most  important  subject  that  will  be  presented 
to  your  consideration,  and  will  require  much  deliberation  in 
arranging  the  different  courts,  and  in  assigning  to  each  their 
appropriate  powers  and  duties.  Justices'  courts  are  the 
first  in  order,  and  in  them  the  people  are  more  generally 
interested  than  the  higher  courts.  Justices  of  the  peace  by 
virtue  of  their  office  are  conservators  of  the  peace,  arbiters 
in  matters  of  controversy  to  the  amount  of  fifty  dollars,  and 
are  the  collecting  officers  of  debts  to  this  amount;  they  are 
the  legitimate  guardians  of  the  public  peace  and  the  rights 
of  individuals.  It  will  therefore  become  an  important  duty 
(and  one  that  will  require  much  deliberation  in  its  perform- 
ance) to  arrange  the  details  of  an  act  defining  specifically 
the  powers,  and  regulating  the  duties  of  justices  of  the 
peace  and  constables,  in  civil  as  well  as  criminal  cases. 
The  importance  of  this  subject  will  demand  your  early 
attention  and  deliberate  consideration.  The  duties  of  pro- 


GOVERNOR  ROBERT  LUCAS          81 

"bate  courts,  though  less  complicated,  are  of  great  interest 
to  the  community,  and  will  also  require  much  care  and 
attention  in  arranging  the  provisions  of  an  act,  prescribing 
the  powers  and  defining  the  duties  of  these  courts.  A  revi- 
sion of  former  laws  on  this  subject  is  deemed  indispensable 
in  arranging  systematically  the  judicial  organization  of  the 
Territory. 

The  subject  of  organizing  the  judicial  courts  of  the  Terri- 
tory, prescribing  their  powers,  defining  their  duties  and 
regulating  their  practice,  is  one  of  the  greatest  magnitude. 
It  embraces  an  entire  system  of  jurisprudence,  and  in  its 
various  ramifications  extends  its  influence  to  every  depart- 
ment of  government  and  class  of  community. 

In  laying  the  foundation  of  a  system  of  jurisprudence  in 
the  Territory,  would  it  not  be  advisable  to  unite  our  exer- 
tions in  simplifying  not  only  our  laws,  but  the  rules  of 
practice  and  proceedings  in  the  various  courts  of  justice 
within  the  Territory,  and  to  exclude  therefrom  as  much  as 
practicable,  every  thing  of  a  fictitious  or  ambiguous  char- 
acter? In  my  opinion  the  proceedings  in  our  courts  of  jus- 
tice should  be  concise,  void  of  technical  fiction,  and  always 
directed  to  the  merits  of  the  cause  in  controversy.  The 
establishment  of  such  a  rule  of  practice  at  the  commence- 
ment of  our  Territorrial  government,  I  am  satisfied,  would 
be  attended  with  the  most  beneficial  effects.  I  therefore 
earnestly  submit  these  suggestions  to  the  consideration  of 
the  Legislative  Assembly. 

In  arranging  our  judicial  system,  it  will  become  necessary 
to  revise  the  laws  regulating  the  duties  and  defining  the 
powers  of  sheriffs,  constables,  and  other  ministerial  officers; 


82  MESSAGES  AND   PROCLAMATIONS   OF 

also,  the  laws  regulating  judgments  and  executions;  but  in 
the  consideration  of  these  laws,  I  trust  that  the  odious  prin- 
ciple of  imprisonment  for  debt,  either  on  mesne  or  final 
process,  (except  in  cases  of  evident  intended  fraud)  will  not 
be  permitted  to  enter  into  your  deliberations,  and  that  that 
relic  of  the  barbarous  ages  that  has  been  permitted  to  remain 
as  a  blot  on  the  laws  of  some  of  the  States,  will  never  be 
permitted  to  soil  the  pages  of  the  statutes  of  Iowa. 

I  would  also  recommend  to  your  consideration  the  pro- 
priety of  adopting  a  general  road  system,  defining  the  man- 
ner of  laying  out  and  establishing  Territorial  and  county 
roads,  and  to  provide  for  opening  and  keeping  them  in 
repair;  and  also,  the  revision  of  the  laws  regulating  elec- 
tions, so  as  to  conform  in  all  respects  to  the  acts  of  Con- 
gress organizing  the  Territory. 

The  compilation  of  a  criminal  code,  so  as  to  graduate 
properly  the  various  crimes  and  offences,  and  to  apply  suit- 
able punishment  to  each,  in  proportion  to  their  enormity,  is 
a  subject  of  deep  interest  to  the  community.  It  is  one 
which  of  late  has  occupied  the  attention  of  some  of  the 
greatest  statesmen  and  philanthropists  of  the  age;  and  the 
general  conclusion  has  been,  that  sanguinary  punishments 
do  not  tend  to  lessen  crime,  and  that  the  general  policy  of 
all  criminal  laws  should  be  to  prevent  crimes,  rather  than 
to  inflict  punishment,  and  that  all  punishments  should  be 
inflicted  with  a  view  to  reform,  rather  than  exterminate 
the  criminal.  In  these  conclusions  I  heartily  concur,  and 
would  wish  to  see  confinement  at  hard  labor,  for  life,  sub- 
stituted in  all  cases,  in  lieu  of  capital  punishment,  when 
suitable  prisons  for  the  purpose  can  be  had;  but  in  our 


GOVERNOR  ROBERT  LUCAS  83 

present  situation  we  will  necessarily  be  compelled  to  adopt 
more  sanguinary  punishments  than  would  be  advisable  had 
we  a  suitable  penitentiary  in  the  Territory.  But,  being 
sensible  of  the  deleterious  effects  of  public  executions,  I 
would  recommend  to  your  consideration  the  propriety  of 
providing  by  law,  for  executing  capital  punishment  (should 
such  punishment  be  necessary)  privately,  in  the  county 
prison,  in  the  presence  of  the  sheriff,  and  such  other  per- 
sons as  the  court  passing  sentence  might  direct. 

In  preparing  a  system  of  criminal  jurisprudence,  the  whole 
catalogue  of  vices,  from  the  highest  crime  to  petty  misde- 
meanors, pass  in  review,  that  appropriate  punishment  may 
be  attached  to  each  offense,  in  proportion  to  its  injurious 
effects  upon  society;  and  we  frequently  see  the  most  disas- 
trous consequences  proceed  from  practices,  that  in  some 
places  are  considered  as  only  fashionable  vices — namely: 
gambling  and  intemperance. 

These  two  vices  may  be  considered  the  fountains  from 
which  almost  every  other  crime  proceeds,  as  the  statistical 
reports  of  many  of  the  penitentiaries  conclusively  show. 
They  have  produced  more  murders,  robberies,  and  individ- 
ual distress,  than  all  other  crimes  put  together:  this  is  evi- 
dent, when  we  consider  the  many  thousands  that  annually 
destroy  themselves,  and  bring  their  families  to  beggary  and 
wretchedness,  by  pursuing  these  vices:  for  surely  there  can 
be  no  murder  of  a  deeper  moral  dye  than  self  murder;  and 
no  robbery  of  a  more  heinous  character,  than  the  robbery  of 
our  own  families.  Could  you  in  your  wisdom  devise  ways 
and  means  to  check  the  progress  of  gambling  and  intemper- 
ance in  this  Territory,  you  will  perform  an  act  that  would 


84  MESSAGES   AND   PROCLAMATIONS   OF 

immortalize  your  names  and  entitle  you  to  the  gratitude  of 
posterity. 

The  recent  transaction  in  this  city,  that  deprived  the  Leg- 
islative Assembly  of  one  of  its  members  elect,  as  well  as  all 
other  transactions  of  a  similar  character,  should  meet  with 
the  indignant  frown  of  every  friend  of  morality  and  good 
order  in  community;  and  the  practice  of  wearing  con- 
cealed about  the  person,  dirks,  pistols,  and  other  deadly 
weapons,  should  not  only  be  considered  disreputable,  but 
criminal,  and  punished  accordingly.  There  certainly  cannot 
be  a  justifiable  excuse  offered  for  such  a  practice;  for  in  a 
civil  community,  a  brave  man  never  anticipates  danger,  and 
an  honest  man  will  always  look  to  the  laws  for  protection. 

It  has  been  frequently  said,  "that  to  be  prepared  for  war, 
is  the  most  effectual  way  to  secure  peace."  This  declaration 
may  be  emphatically  applied  to  our  present  situation. 

The  numerous  hordes  of  warlike  Indians  occupying  our 
northern  and  western  boundaries,  and  the  restless  disposition 
manifested  by  some  of  them,  should  admonish  us  to  be  pre- 
pared to  defend  the  Territory  against  attacks  from  any  quar- 
ter, under  any  circumstances  and  on  all  emergencies. 

Should  the  Indians  be  disposed  to  hostilities,  our  frontier 
from  St.  Peters  to  Missouri,  would  be  exposed,  and  from 
the  position  of  the  United  States'  troops,  we  need  expect 
but  little  or  no  assistance  from  them;  thus  situated,  it  be- 
comes our  duty  to  prepare  to  defend  ourselves  against  any 
possible  attack  from  our  Indian  neighbors. 

This  preparation  can  only  be  effected  by  efficiently  organ- 
izing and  disciplining  the  Militia  of  the  Territory.  I  am 
fully  satisfied  that  were  the  Militia  of  the  Territory  properly 


GOVERNOR  ROBERT  LUCAS          85 

organized,  equipped  and  disciplined,  that  we  could  defend 
ourselves  against  any  Indian  force  that  could  be  brought 
against  us.  I  therefore  call  the  attention  of  the  Legislative 
Assembly  in  an  especial  manner  to  this  subject,  and  request 
that  they  may  pass  a  law  giving  to  the  Militia  of  the  Terri- 
tory a  perfect  organization,  so  as  to  render  them  a  prompt 
and  efficient  defence. 

In  arranging  the  details  of  a  Militia  law,  it  should  be 
explicit — 1st,  in  its  organization;  2d,  in  the  distribution  of 
powers  and  duties  to  the  officers  and  privates  —  3d,  the 
fines  and  penalties  imposed,  and  the  punishments  to  be 
inflicted  for  neglect  of  duty;  vesting  in  the  different  grades 
of  officers  certain  discretionary  powers,  and  holding  them 
strictly  accountable  for  an  abuse  of  them. 

I  would  recommend  that  the  Territory  at  first,  be  divided 
into  three  divisions,  six  brigades,  and  twelve  regiments — 
and  that  you  provide  by  law,  for  raising  and  organizing  one 
company  of  Artillery  in  each  division,  and  one  company  of 
Rangers  to  each  regiment,  to  be  mounted  and  armed  with 
rifles,  rifle  pistols,  and  short  swords.  These  Hangers  would 
be  most  efficient  against  an  Indian  force,  were  they  armed 
with  Hall's  carbines,  a  brace  of  rifle  pistols  with  holsters 
and  cartridge  boxes,  containing  cartridges,  suited  to  the 
bore  of  the  pistols;  and  when  dismounted  to  have  the 
pistols  in  a  belt,  and  a  short  sword.  This  sword  to  be 
most  formidable  in  Indian  fighting,  should  be  a  short  blade 
about  18  inches  in  length,  strong  and  double  edged,  to 
be  used  as  occasion  might  require,  either  to  cut  away  the 
brush,  vines  or  other  obstacles  in  pursuing  the  Indians  into 
their  hammocks  or  places  of  retreat,  or  as  a  weapon  of 
defence  in  close  combat  with  an  enemy. 


86  MESSAGES   AND   PROCLAMATIONS   OF 

I  am  satisfied  that  troops  thus  organized,  equipped  and 
disciplined,  expressly  for  Indian  fighting ,  WITH  STRICT  DIREC- 
TIONS NEVER  TO  THROW  AWAY  A  FIRE,  HOT  to  halt  in  pWT- 

suit,  first  using  their  rifles,  then  their  pistols,  and  as  the  last 
resort,  their  swords,  would  be  more  than  an  equal  match  for 
an  equal  number  of  the  most  efficient  Indian  warriors  that 
ever  assembled  upon  our  frontier. 

In  view  of  our  present  situation  I  would  recommend  to 
your  consideration  the  propriety  of  memorializing  Congress, 
to  provide  us  with  three  six  pound  brass  pieces  of  cannon, 
with  carriages  and  equipments  complete,  and  one  thousand 
Hall's  carbines,  with  two  thousand  rifle  pistols  with  holsters 
and  cartridge  boxes  complete,  and  one  thousand  short  swords, 
with  scabbards  and  belts;  and  that  government  would  estab- 
lish a  depot  of  arms  and  ammunition,  at  some  suitable 
place  within  the  Territory. 

It  becomes  our  duty  to  provide  by  law  for  dividing  the 
Territory  into  three  judicial  districts,  to  assign  to  each  judge 
his  appropriate  district,  and  to  define  the  time  and  place  of 
holding  district  courts  in  each  of  the  respective  counties 
within  the  Territory. 

When  we  take  into  consideration  the  local  excitements 
that  frequently  arise  in  neighborhoods,  on  the  subject  of 
division  of  counties,  the  alteration  of  county  lines,  and  the 
location  of  county  seats,  I  am  satisfied  that  much  benefit 
would  result  to  the  community,  were  the  whole  of  the  sur- 
veyed part  of  the  Territory  laid  out  into  counties  of  a  uni- 
form size,  and  so  bounded  as  to  preclude  any  subsequent 
subdivision,  or  alteration  of  the  boundaries;  and  the  seats  of 
justice  established  in  each  (where  such  seats  of  justice  have 


GOVERNOR  ROBERT  LUCAS          87 

not  already  been  established  by  law)  by  disinterested  com- 
missioners to  be  appointed  for  the  purpose. 

A  general  law  on  this  subject,  well  arranged  in  its  details, 
could  not  fail  in  a  great  measure,  to  prevent  those  local  ex- 
citements that  too  frequently  disturb  the  harmony  of  neigh- 
borhoods, and  retard  the  general  improvement  and  pros- 
perity of  the  country.  I  therefore  solicit  your  attention  to 
this  subject,  and  hope  that  a  general  law  may  be  passed  the 
present  session  in  accordance  with  the  foregoing  suggestions. 

It  also  becomes  our  duty  to  provide  by  law  for  taking 
the  census  of  the  Territory  at  certain  periods,  and  to  appor- 
tion the  members  of  the  Council  and  House  of  Representa- 
tives among  the  several  counties  and  districts,  in  proportion 
to  the  population,  as  well  as  to  fix  by  law,  the  time  of  the 
regular  annual  meeting  of  the  Legislative  Assembly.  This 
subject  will  require  your  early  attention. 

The  13th  section  of  the  organic  law  or  constitutional 
charter  of  the  Territory,  declares  —  "that  the  Legislative 
Assembly  of  the  Territory  shall  hold  its  first  session  at  such 
time  and  place  in  the  Territory,  as  the  Governor  shall 
appoint  and  direct,  and  at  said  session,  or  as  soon  thereafter 
as  may  by  them  be  deemed  expedient,  the  said  Governor 
and  Legislative  Assembly  shall  proceed  to  establish  the 
seat  of  Government  for  said  Territory,  at  such  place  as  they 
may  deem  eligible;  which  place,  however,  shall  thereafter 
be  subject  to  be  changed  by  the  said  Governor  and  Legisla- 
tive Assembly." 

And  the  sum  of  twenty  thousand  dollars  is  granted  to  be 
applied  by  the  Governor  and  Legislative  Assembly,  to 
defray  the  expenses  of  erecting  public  buildings  at  the  seat 
of  Government. 


88  MESSAGES   AND   PROCLAMATIONS   OF 

This  subject  has  excited  to  a  considerable  degree,  conflict- 
ing interests  and  local  feelings,  in  various  parts  of  the  Ter- 
ritory. But  I  can  perceive  no  good  reason  for  such  conflict- 
ing interests.  In  settling  this  question  every  interest  of  a 
local  or  private  character  should  be  excluded  from  our 
deliberations. 

It  is  a  question  purely  of  public  concern.  The  United 
States  are  the  proprietors  in  fee  of  all  the  land  in  the  Ter- 
ritory, to  which  the  Indian  title  has  been  extinguished. 
Every  part  of  the  Territory  is  equally  susceptible  of  a  dense 
population:  and  in  granting  the  appropriation  to  be  applied 
in  erecting  public  buildings  at  the  seat  of  Government,  Con- 
gress had  reason  to  expect  the  expenditure  to  be  made  at  a 
point,  that  would  advance  to  the  greatest  degree,  both  the 
present  and  future  prosperity  of  the  Territory. 

I  am  convinced  that  there  is  no  way  in  which  we  can  dis- 
charge the  duty  imposed  upon  us  by  this  section,  satisfac- 
torily to  the  community  at  large,  or,  to  promote  the  general 
interest  of  the  Territory  so  well,  as  to  provide  by  law  for 
the  appointment  of  three  disinterested  men,  of  known  integ- 
rity and  weight  of  character,  and  to  vest  them  with  authority 
to  take  the  subject  into  consideration,  and  to  fix  upon  a 
place  for  the  seat  of  Government  of  the  Territory;  and  their 
report  being  returned  to  the  Secretary  of  the  Territory,  that 
such  report  shall  be  considered  conclusive,  and  the  public 
buildings  erected  at  the  place  provided  for  in  such  report. 

I  am  clearly  of  the  opinion  that  the  foregoing  is  the  only 
method  by  which  the  seat  of  Government  of  the  Territory 
can  be  satisfactorily  established.  By  this  method,  the  in- 
terest of  every  part  of  the  Territory  will  be  consulted,  and 


GOVERNOR  ROBERT  LUCAS  89 

strict  justice  administered  to  the  whole;  and  with  this 
impression,  I  urge  it  upon  your  consideration,  and  solicit  a 
calm  and  impartial  investigation  of  the  same. 

Gentlemen,  the  foregoing  suggestions  embrace  such  acts 
as  are  deemed  indispensable  to  the  organization  of  the  Ter- 
ritory. There  are  doubtless  many  other  subjects  of  a  more 
local  character,  that  will  present  themselves  to  your  consid- 
eration. 

The  compilation  and  enactment  of  a  complete  code  of 
laws,  particularly  adapted  to  our  situation  and  interest, 
would  require  more  time  and  deliberation,  than  is  allotted 
to  the  Legislative  Assembly  during  its  session.  And,  in- 
deed, experience  has  taught  us,  that  it  is  impracticable  to 
digest,  report,  and  enact  a  complete  code  of  laws  during  the 
session  of  a  Legislative  body. 

I  would  therefore  suggest  for  your  consideration,  as  a 
subject  of  the  greatest  importance  to  the  future  prosperity 
of  the  Territory,  the  appointment  of  a  committee  not  to 
exceed  three  persons,  of  known  legal  experience  and  weight 
of  character,  to  digest  and  prepare  a  complete  code  of  laws 
during  the  recess  of  the  Legislature,  and  to  report  them  for 
consideration  and  enactment  at  the  ensuing  session.  By 
pursuing  this  method,  in  the  course  of  two  years  we  will  be 
be  released  from  the  ambiguity  of  existing  laws,  and  our 
system  of  jurisprudence  will  be  established  upon  a  firm 
foundation,  peculiarly  adapted  to  the  situation,  interests, 
habits,  and  wants  of  our  citizens. 

When  we  consider  the  general  liberality  of  the  present 
government  heretofore  manifested  towards  her  minor  chil- 
dren, we  may  reasonably  anticipate  that  the  same  liberality 


90  MESSAGES   AND   PROCLAMATIONS   OF 

will  be  extended  to  her  youngest  daughter,  Iowa.  I  there- 
fore suggest  the  expediency  of  respectfully  memorializing 
Congress  to  grant  to  the  Territory  an  appropriation  sufficient 
to  erect  a  Penitentiary  in  the  Territory,  for  the  confinement 
of  convicts  that  may  be  sentenced  for  a  violation  of  the  penal 
laws  of  the  Territory,  as  well  as  those  who  may  be  convicted 
for  a  violation  of  the  laws  of  the  United  States.  Also,  re- 
spectfully to  ask  an  appropriation  of  land  for  literary  pur- 
poses, equal  to  the  grant  made  last  session  to  the  Territory 
of  Wisconsin. 

An  appropriation  of  five  thousand  dollars  was  made  by 
Congress  to  be  expended,  under  the  direction  of  the  Gover- 
nor, in  the  purchase  of  a  library  for  the  Territory.  Previous 
to  leaving  Ohio,  in  June  last,  (with  the  assistance  of  several 
literary  friends,)  I  made  out  a  catalogue  of  such  standard 
works  as  are  deemed  most  important  as  the  foundation  of  a 
public  library,  and  put  the  catalogue  into  the  hands  of  an 
agent  in  Cincinnati  to  make  the  purchase  for  me.  Those 
books  that  could  be  procured  in  the  western  country,  have 
been  purchased  and  have  been  at  Cincinnati  for  some  time, 
waiting  to  be  forwarded  the  first  rise  of  water  in  the  Ohio 
river.  By  advices  from  Cincinnati,  I  learn  that  the  agent 
has  been  for  some  time  in  the  eastern  cities,  where  he  will 
complete  the  purchases  to  the  extent  of  the  appropriation. 
As  soon  as  the  Ohio  river  is  navigable,  we  may  expect  the 
arrival  of  those  books  that  have  been  purchased,  and  the  re- 
mainder of  the  library  as  soon  thereafter  as  practicable. 

When  engaged  in  purchasing  maps  for  the  Territory  in 
Cincinnati,  in  July  last,  Dr.  O.  Fairchild,  of  said  city,  pre- 
sented me  with  a  valuable  set  of  maps,  which  are  now  in 


GOVERNOR  ROBERT  LUCAS          91 

my  possession,  and  which  I  present  as  a  present  from  him  to 
the  library  of  the  Territory. 

As  the  library  is  expected  in  a  short  time,  I  would  sug- 
gest the  propriety  of  passing  a  law  to  provide  for  the  ap- 
pointment of  a  librarian,  to  define  his  duties,  and  to  regulate 
the  library.  As  soon  as  the  library  arrives,  a  catalogue  of 
the  books  shall  be  immediately  laid  before  you. 

On  the  1st  of  September  last,  Dr.  James  Davis  was  ap- 
pointed a  Commissioner  under  the  provisions  of  an  act  of 
Congress  passed  the  18th  of  June,  1838,  entitled  uAn  act  to 
authorize  the  President  of  the  United  States  to  cause  the 
southern  boundary  line  of  the  Territory  of  Iowa  to  be 
ascertained  and  marked" — who  proceeded  soon  after  his 
appointment  in  conjunction  with  A.  M.  Lea,  Esq.,  the 
Commissioner  on  the  part  of  the  United  States,  to  the  dis- 
charge of  the  duty  assigned  them,  but  have  not  yet  reported 
their  progress  to  this  department.  Should  a  report  be 
received  during  the  session  of  the  Legislative  Assembly,  it 
shall  be  immediately  communicated  to  you.  The  Governor 
of  Missouri  did  not  consider  himself  authorized  to  appoint  a 
Commissioner  under  the  late  act  of  Congress  until  after  the 
meeting  of  the  Legislature  of  that  State. 

The  appropriation  made  by  Congress  for  the  support  of 
the  government  of  the  Territory  of  Iowa  for  the  year  1838, 
is  $24,675.  This  includes  the  salaries  of  the  Governor, 
Secretary,  Chief  Judge,  Associate  Judges,  District  Attorney 
and  Marshal — the  pay  and  mileage  of  the  Members  of  the 
Legislative  Assembly  of  the  Territory  and  the  expenses 
thereof;  printing  the  laws,  taking  the  census,  and  other 
incidental  and  contingent  expenses  of  the  Assembly  and 
Territory.  (See  late  laws  of  the  U.  S.,  page  112.) 


92  MESSAGES   AND   PROCLAMATIONS   OF 

The  salaries  of  the  officers  of  the  Territory,  as  fixed  by 
law,  and  the  contingent  fund  of  the  Governor,  amount  to 
8,950  dollars — which  leaves  a  balance  of  15,725  dollars  to 
defray  the  expenses  of  the  Legislative  Assembly — printing, 
stationery,  fuel,  house  rent,  and  all  other  incidental  ex- 
penses of  the  Territory. 

In  disbursing  the  appropriation,  we  should  avoid  parsi- 
mony in  its  application  to  defray  necessary  expenses;  but 
at  the  same  time  should  use  strict  economy,  and  be  careful 
in  our  expenditures  never  to  exceed  the  appropriation  made 
by  Congress. 

Gentlemen  of  the  Council,  the  act  of  Congress  establish- 
ing the  Territorial  Government  of  Iowa,  vests  in  the  Execu- 
tive and  Council  the  power  of  appointing  all  judicial  officers 
-justices  of  the  peace,  Sheriffs  and  Militia  officers  ( except 
those  of  the  staff)  and  other  civil  officers  that  are  not  elec- 
tive by  the  people.  The  Executive  is  vested  with  the  nom- 
inating and  the  Council  with  confirmative  power.  The 
power  of  appointing  to  office  is  one  of  the  most  delicate  and 
responsible  character;  and  as  the  concurrence  of  the  Execu- 
tive and  Council  are  required  to  give  validity  to  appoint- 
ments under  the  Territorial  authority,  I  deem  it  my  duty  to 
state  to  you  distinctly  in  the  commencement  of  our  political 
organization  the  principles  by  which  I  shall  be  governed  in 
nominating  individuals  for  the  various  offices  in  the  Terri- 
tory. 

I  shall  at  all  times  pay  a  due  respect  to  recommendations; 
but  cannot  conscientiously  nominate  to  office  any  individual 
of  lad  moral  character,  or,  that  may  be  addicted  to  intem- 
perance or  gambling,  if  known  to  me.  These  vices  are  so 


93 

contaminating  in  their  character,  that  all  public  officers  in 
my  opinion  should  be  clear  of  even  a  suspicion  of  being 
addicted  to  them. 

Gentlemen  of  the  Legislative  Assembly,  the  charter  of 
our  Territorial  government  declares  that  the  Legislative 
power  shall  be  vested  in  the  Governor  and  Legislative 
Assembly.  The  Executive  is  vested  with  advisory  and  re- 
straining powers,  and  the  Legislative  Assembly  with  delib- 
erative and  enacting  powers.  The  concurrence  of  both  the 
Executive  and  Legislative  departments  becomes  necessary 
under  our  organization  to  give  validity  to  Legislative  enact- 
ments. 

This  being  the  case,  I  have  in  discharge  of  a  conscientious 
duty  promptly  recommended  to  your  consideration  such 
measures  as  I  deemed  to  be  most  expedient,  and  think  it 
proper  to  state  to  you  at  the  commencement  of  our  Legisla- 
tive proceedings,  that  I  shall  at  all  times  take  pleasure  in 
concurring  with  you  in  acts  that  tend  to  advance  the  general 
interests  of  the  Territory,  and  the  prosperity  of  the  people; 
— but  at  the  same  time  will  be  compelled  to  withhold  my 
assent  to  such  acts,  or  proceedings,  as  I  may  conscientiously 
for  the  time  being  believe  to  be  prejudicial  to  the  public 
good. 

That  the  spirit  of  wisdom  and  harmony  may  control  all 
our  deliberations  and  direct  our  efforts  to  the  promotion  of 
the  general  prosperity  of  the  Territory — the  establishment 
of  good  order,  and  the  security  of  the  peace,  prosperity, 
and  happiness  of  the  people — is  the  sincere  prayer  of  your 

fellow-citizen  and  obedient  servant, 

ROBEKT  LUCAS. 

IOWA  TEKBITORY,  BURLINGTON,  Nov.  12,  1838. 


SECOND  ANNUAL  MESSAGE 

NOVEMBER  5,   1839 
Prom  the  Journal  of  the  House  of  Representatives ,  p.  9 


Gentlemen  of  tlie  Council  and  House  of  Representatives: 

It  becomes  my  duty,  as  Executive,  to  submit  to  you  a 
statement  of  the  affairs  of  the  Government,  and  to  recom- 
mend to  your  consideration,  such  measures  as  are  deemed 
advisable,  in  perfecting  the  internal  organization  of  the  Ter- 
ritory; and  such  other  measures  as  are  best  calculated  to  ad- 
vance the  interest,  promote  the  prosperity,  and  secure  the 
happiness  of  the  people. 

It  is  with  the  most  heartfelt  gratitude  to  ALMIGHTY  GOD, 
whose  superintending  care  has  extended  over  us,  and  sus- 
tained us  through  various  vicissitudes  for  the  last  year,  that 
I  am,  through  his  special  Providence,  permitted  again  to 
address  the  Legislative  Assembly  of  a  Territory,  that  has 
advanced,  since  its  organization,  in  improvement,  population 
and  wealth,  beyond  a  parallel  of  all  former  history.  With 
a  genial  and  healthful  climate — a  soiLunsurpassed  for  fertil- 
ity— abounding  with  pure  water,  navigable  rivers  and  inex- 
haustible mineral  resources — containing  a  population  that 
may  safely,  at  this  time,  be  estimated  at  upwards  of  fifty 
thousand  inhabitants,  and  which  will  in  all  probability  be 
doubled  by  the  time  the  census  of  the  United  States  is  taken 
in  eighteen  hundred  and  forty — with  this  glowing  prospect 
before  us,  we  have  great  cause  of  gratitude  to  the  author  of 


GOVERNOR  ROBERT  LUCAS          95 

all  good  for  the  peculiar  manifestation  of  His  favor  and 
blessings,  conferred  upon  us  as  a  political  community,  as 
well  as  a  people  collectively  and  individually. 

When  we  consider  the  rapidly  increasing  population,  and 
advancing  prosperity  of  the  Territory,  we  may,  in  my  opin- 
ion, with  propriety  proceed  to  measures  preparatory  to  the 
formation  of  a  Constitution  and  State  Government,  and  for 
our  admission  into  the  Union  as  an  independent  State.  I 
know  it  is  the  opinion  of  some,  that  such  measures  would  be 
premature  at  this  time,  inasmuch  as  our  expenses  are  de- 
frayed by  the  United  States.  This  consideration  is  entitled 
to  weight;  but  when  we  consider  the  imperfect  organization 
of  the  Territorial  Government,  and  the  consequent  embar- 
rassment in  the  administration  of  its  internal  affairs — and 
by  referring  to  past  history,  compare  the  condition  of  the 
inhabitants  of  Ohio,  Indiana,  Illinois  and  Michigan,  while 
under  a  Territorial  Government,  to  their  subsequent  pros- 
perity after  their  admission  into  the  Union  as  independent 
States,  the  preponderance  is  much  in  favor  of  a  State  Gov- 
ernment— for  the  prosperity  and  improvement  within  each 
of  the  aforesaid  States  languished  while  Territories,  but  ad- 
vanced with  rapid  strides  from  the  moment  of  their  several 
admissions  into  the  Union  as  independent  States.  With 
these  facts  before  us,  I  would  earnestly  recommend  to  the 
Legislative  Assembly  the  early  passage  of  a  memorial  to 
Congress,  respectfully  asking  of  that  body  the  passage  of  an 
Act,  at  their  ensuing  session,  granting  to  the  inhabitants  of 
Iowa  Territory,  the  right  to  form  a  Constitution  and  State 
Government,  and  to  provide  for  their  admission  into  the 
Union  upon  an  equal  footing  with  the  original  States. 


96  MESSAGES   AND   PROCLAMATIONS   OF 

In  recommending  this  subject  to  the  consideration  of  the 
Legislative  Assembly,  I  respectfully  suggest  the  following 
as  the  most  natural  and  suitable  boundaries  for  our  State, 
to  wit:  beginning  in  the  middle  of  the  main  channel  of  the 
Mississippi  river  at  a  point  east  of  the  middle  of  the  main 
channel  of  the  Des  Moines  river  where  it  empties  into  the 
Mississippi  river;  thence  up  the  Mississippi  river,  following 
the  middle  of  the  main  channel  of  the  same  to  the  mouth  of 
the  St.  Peters  river;  thence  up  the  St.  Peters  river  follow- 
ing the  middle  of  the  main  channel  of  the  same  to  the 
mouth  of  Blue  Earth  river;  thence  up  the  Blue  Earth  river, 
following  the  middle  of  the  main  channel  of  the  same  to 
the  most  westerly  source  of  said  river;  thence  on  a  direct 
line  to  the  source  of  Cactus  river,  an  east  branch  of  Calumet 
or  Sioux  river;  thence  down  said  river,  following  the  middle 
of  the  main  channel  thereof  to  the  middle  of  the  main  chan- 
nel of  the 'Missouri  river;  thence  down  the  Missouri  river 
following  the  middle  of  the  main  channel  thereof  to  a  point 
west  of  the  line  that  may  be  established  by  Congress  under 
the  act  approved  June  18th,  1838,  entitled,  "An  Act  to 
authorize  the  President  of  the  United  States  to  cause  the 
southern  boundary  line  of  the  Territory  of  Iowa  to  be  ascer- 
tained and  marked;"  thence  east  with  said  line  to  the 
middle  of  the  main  channel  in  the  Des  Moines  river;  thence 
downward  along  the  middle  of  the  main  channel  of  the  Des 
Moines  river  to  the  place  of  beginning. 

The  foregoing,  appears  by  a  reference  to  the  geographical 
position  of  the  country  to  be  the  most  natural  boundaries 
for  our  state.  It  embraces  the  head-waters  of  all  our  prin- 
cipal rivers,  extends  from  the  Mississippi  river  to  the 


GOVERNOR  ROBERT  LUCAS          97 

Missouri  river,  and  will  leave  the  northern  portion  of  the 
Territory  as  now  bounded  in  a  suitable  situation  for  the 
future  formation  of  two  additional  states,  each  extending 
from  the  Mississippi  to  the  Missouri  river. 

I  would  also  recommend  the  passage  of  a  law  to  provide 
for  the  calling  a  convention  to  form  a  state  constitution,  so 
soon  as  Congress  may  grant  by  law  the  privilege  to  do  so. 

Congress,  at  their  last  session,  made  two  important 
amendments  to  the  organic  law  of  the  Territory,  both  of 
which  were  approved  the  3d  of  March,  1839.  The  first, 
entitled  '  'An  Act  to  alter  and  amend  the  organic  law  of  the 
Territories  of  Wisconsin  and  Iowa,"  declares,  "that  every 
bill  which  shall  have  passed  the  Council  and  House  of 
Representatives  of  the  Territories  of  Iowa  and  Wisconsin, 
shall,  before  it  becomes  a  law,  be  presented  to  the  Governor 
of  the  Territory,  if  he  approves  of  it,  he  shall  sign  it,  but  if 
not,  he  shall  return  it  with  his  objections  to  the  House  in 
which  it  shall  have  originated,  who  shall  enter  the  objec- 
tions at  large  on  their  journal,  and  proceed  to  reconsider  it; 
if  after  such  reconsideration,  two-thirds  of  that  House  shall 
agree  to  pass  the  bill,  it  shall  be  sent,  together  with  the 
objections  to  the  other  House,  by  which  it  shall  likewise 
be  reconsidered,  and  if  approved  by  two-thirds  of  that 
House,  it  shall  become  a  law.  But  in  all  such  cases,  the 
votes  of  both  Houses  shall  be  determined  by  yeas  and  nays; 
and  the  names  of  the  persons  voting  for  and  against  the 
bill  shall  be  entered  on  the  journal  of  each  house  respec- 
tively. If  any  bill  shall  not  be  returned  by  the  Governor 
within  three  days  (Sunday  excepted)  after  it  shall t  have 
been  presented  to  him,  the  same  shall  become  a  law  in  like 


98  MESSAGES   AND   PROCLAMATIONS   OF 

manner  as  if  he  had  signed  it,  unless  the  Assembly  by 
adjournment  prevent  its  return,  in  which  case  it  shall  not 
be  a  law." 

The  foregoing  is  a  salutary  amendment  to  the  original 
organic  law,  and  is  truly  gratifying  to  the  executive.  It 
defines  the  powers  and  duties  of  the  executive,  when  those 
duties  stand  connected  with  the  Legislative  Assembly, 
relieves  him  from  much  legislative  responsibility,  and 
places  it  where  all  legislative  responsibility  should  ever 
rest,  with  the  immediate  representatives  of  the  people.  In 
the  original  law  all  the  responsibility  was  thrown  upon  the 
executive.  No  law  could  take  effect  without  his  approval, 
and  there  was  no  provision  made  for  a  reconsideration  by 
the  Legislative  Assembly  when  the  executive  differed  with 
them  in  opinion.  This  amendment  will  doubtless  tend  to 
harmonize  the  proceedings  between  the  Legislative  Assem- 
bly and  the  Executive,  and  lead  to  a  more  convenient 
despatch  of  business. 

The  second  is  "An  act  entitled  an  act  to  authorize  the 
election  or  appointment  of  certain  officers  in  the  Territory 
of  Iowa,  and  for  other  purposes."  This  act  prescribes  "that 
the  legislative  assembly  of  the  Territory  of  Iowa  shall  be, 
and  are  hereby  authorized,  to  provide  by  law  for  the  election 
of  Sheriffs,  Judges  of  Probate,  Justices  of  the  Peace,  and 
County  Surveyors  within  said  Territory,  in  such  way  or 
manner,  and  at  such  times  and  places  as  to  them  may  seem 
proper;  and  after  a  law  shall  have  been  passed  by  the  Leg- 
islative Assembly  for  that  purpose,  all  elections  or  appoint- 
ments of  the  above  named  officers,  thereafter  to  be  had  or 
made,  shall  be  in  pursuance  of  such  law. " 


GOVERNOR  ROBERT  LUCAS          99 

The  foregoing  section  vests  in  the  Legislative  Assembly, 
the  right  to  provide  by  law  for  the  election  of  the  aforesaid 
officers.  This,  no  doubt,  will  be  a  pleasant  duty  to  per- 
form, as  it  is  in  strict  accordance  with  the  spirit  of  our  insti- 
tutions. Our  government  is  a  government  of  public  senti- 
ment, and  I  have  ever  been  of  the  opinion,  that  the  only 
safe  depository  of  power  is  with  the  people.  They  are  the 
only  legitimate  sovereigns  of  the  land,  and  with  them  should 
be  vested  the  power  of  electing  all  public  functionaries  from 
the  highest  to  the  lowest  degrees.  This  has  ever  been  my 
sentiment,  and  I  take  pleasure  in  urging  upon  the  consider- 
ation of  the  legislative  assembly,  on  the  present  occasion, 
the  passage  of  a  law  to  provide  for  the  election,  by  the  peo- 
ple, not  only  the  officers  above  mentioned,  but  all  others 
within  the  Territory  that  are  not  expressly  prohibited  by 
the  organic  law. 

I  will  again  call  your  attention  to  the  importance  of  pro- 
viding by  law  for  the  organization  of  townships.  Such  an 
organization  was  doubtless  contemplated  by  Congress,  when 
they  declared  in  the  organic  law,  that  all  township  officers 
should  be  elected  by  the  people.  The  organization  of  town- 
ships are  so  intimately  connected  with  every  well  regulated 
system  of  common  schools,  as  well  as  that  of  public  roads, 
that  neither  system  can  be  conveniently  carried  out  in  detail, 
without  such  organization.  Further,  it  has  been  proven  by 
experience,  that  the  ordinary  local  business  of  the  country 
can  be  done  with  much  more  convenience  and  less  expense 
to  the  people,  where  the  township  system  has  been  adopted, 
than  in  communities  where  it  has  been  dispensed  with.  I, 
therefore,  earnestly  press  upon  your  consideration,  the  im- 


100  MESSAGES   AND   PROCLAMATIONS   OF 

portance  of  passing  a  law  the  present  session,  to  provide  for 
the  civil  organization  of  townships,  and  that  provision  be 
made  for  the  election  by  the  people,  of  a  competent  number 
of  Justices  of  the  Peace,  in  such  organized  townships,  as 
well  as  other  township  officers. 

The  subject  of  a  well  digested  system  of  common  schools, 
is  one  of  as  great  importance  as  can  possibly  be  pressed 
upon  legislative  consideration.  The  act  passed  at  the  last 
session,  is  too  limited  in  its  provisions  to  serve  as  a  founda- 
tion for  a  well  regulated  system.  I  would  therefore,  recom- 
mend its  revision,  and  call  your  attention  to  the  school  law 
of  the  State  of  Michigan,  as  worthy  of  your  attention,  and 
from  which  much  useful  information  may  be  obtained. 

The  resolution  of  the  last  session  of  the  Legislative  As- 
sembly on  the  subject  of  printing  the  laws  and  journals,  ap- 
proved November  27,  1838,  reads  as  follows,  to-wit: 

li Resolved,  That  Messrs  Clarke  &  M'Kenny,  publishers 
of  the  Territorial  Gazette,  in  this  city,  be  employed  to  pub- 
lish the  Journal  of  the  proceedings  of  the  House  of  Repre- 
sentatives, in  pamphlet  form,  and  that  they  be  paid  the 
same  prices  as  are  paid  to  the  printers  of  Congress  for  such 
work;  and  that  Russell  and  Reeves  of  Dubuque,  be  employed 
to  print  the  laws  passed  at  the  present  session  on  the  same 
terms,  and  that  said  Russell  and  Reeves,  be  required  to 
enter  into  bonds,  with  good  and  sufficient  security,  to  the 
Secretary  of  the  Territory,  in  the  sum  of  five  thousand  dol- 
lars, to  have  the  same  ready  for  delivery  on  the  first  day  of 
May,  A.  D.  1839." 

The  act  regulating  the  publication  of  the  Laws  and  Jour- 
nals of  the  Legislative  Assembly  of  the  Territory  of  Iowa, 


GOVERNOR  ROBERT  LUCAS          101 

approved  January  21,  1839,  (see  page  321,)  points  out  the 
manner  in  which  the  laws  shall  be  printed,  bound  and 
distributed. 

The  4th  section  declares,  that  "It  shall  be  the  duty  of 
the  Secretary  of  the  Territory  to  superintend  the  printing, 
in  such  manner  as  he  may  conceive  most  conducive  to  the 
public  good,  the  Acts  and  Joint  Eesolutions  of  the  Legis- 
lative Assembly,  and  to  correct  the  same  by  the  enrolled 
bills  in  his  office;  and  when  the  printing  of  the  same  shall 
be  finished,  to  certify  the  fact,  of  his  having  compared  and 
found  the  same  correct,  which  certificate  shall  be  signed 
and  dated  by  the  Secretary,  and  annexed  in  print  to  the 
volumes  of  the  Acts  and  Joint  Resolutions  as  aforesaid." 

The  10th  section  of  said  act  declares,  that  "the  Secretary 
of  the  Territory  be  and  he  is  hereby  required  to  furnish  the 
public  printer  with  a  copy  of  all  the  acts  of  Congress  now 
in  force  relative  to  the  naturalization  of  aliens,  as  soon  as 
practicable,  and  that  it  shall  be  the  duty  of  the  printer 
aforesaid,  to  publish  the  same,  as  an  appendix  with  the 
statutes  of  a  public  nature,  of  the  present  Legislative 
Assembly." 

The  manner  in  which  the  obligation  in  the  aforesaid 
resolution  has  been  fulfilled,  and  the  duty  specified  in  the 
Act  relative  to  publishing  the  Laws,  has  been  performed, 
will  be  manifested  by  a  reference  to  the  time  the  laws  were 
ready  for  delivery,  and  by  an  examination  into  the  correct- 
ness and  contents  of  the  volume  published.  The  obligation 
in  the  resolution  required  the  laws  to  be  ready  for  delivery 
on  the  first  day  of  May  last.  They  have  just  been  received 
at  this  city,  within  a  few  days  of  six  months  after  the  time 


102  MESSAGES   AND   PROCLAMATIONS   OF 

specified  in  the  obligation.  On  examining  the  printed 
volume,  delivered  to  me  by  the  Secretary  of  the  Territory, 
I  find  it  contains  his  official  certificate,  dated  the  23d  of 
July,  A.  D.  1839,  (nearly  three  months  after  the  time  the 
laws  should  have  been  ready  for  delivery)  certifying  that 
he  had  compared  the  pages  with  the  "engrossed  bills" 
deposited  in  his  office,  and  that  they  contained  true  and 
correct  copies.  (The  Secretary,  I  suppose  meant  the  en- 
rolled bills,  as  no  "engrossed  bills"  are  ever  filed  in  the 
Secretary's  office  as  laws.)  In  this  certificate  the  Secretary 
has  been  in  error  in  one  particular  at  least;  for,  in  the  first 
section  of  the  act  providing  for  and  regulating  general  elec- 
tions, in  the  Territory,  I  discover  a  very  important  interpo- 
lation in  the  printed  copy,  that  changes  materially  the 
meaning  of  the  law.  The  original  enrolled  bill  signed  by 
the  presiding  officers  of  both  branches  of  the  Legislative 
Assembly,  approved  by  the  Executive,  and  deposited  in  the 
Secretary's  office,  in  the  clause  relating  to  the  election  of 
Delegate  to  Congress,  reads  as  follows:  "An  election  for 
Delegate  to  Congress,  for  members  of  the  council,  and 
county  recorder,  shall  take  place  on  the  first  Monday  in 
August  next — and  forty,  and  on  the  same  day  in  every 
second  year  thereafter. ' '  The  printed  copy  is  made  to  read 
"An  election  for  Delegate  to  Congress,  for  members  to  the 
council,  and  county  Recorder,  shall  take  place  on  the  first 
Monday  of  August,  Eighteen  hundred  and  forty,  and  on 
the  same  day  in  every  second  year  thereafter."  Thus 
we  find  the  word  "next"  where  it  occurs  after  the  word 
"August"  in  the  original  enrolled  bill  omitted,  and  the 
words  "Eighteen  hundred"  that  are  not  in  the  original  roll 


GOVERNOR  ROBERT  LUCAS          103 

interpolated  in  the  printed  copy.  I  have  also  examined  the 
appendix  with  care,  and  find  under  the  head  Naturalization 
of  aliens,  an  act  of  Congress  entitled  "an  Act  to  amend  an 
Act  concerning  Naturalization,"  approved  24th  May,  1828, 
printed  which  is  the  only  act  on  this  subject  that  I  could 
find  in  the  volume.  The  acts  of  the  Legislative  Assembly 
require  the  publication,  in  an  appendix  to  the  laws  of  the 
Territory,  all  acts  of  Congress  now  in  force,  relative  to  the 
naturalization  of  aliens,  which  would  have  included  a  general 
law  on  that  subject,  approved  14th  April,  1802,  an  addi- 
tional act  approved  26th  of  March  1804,  an  act  regulating 
seamen,  &c.  approved  3d  of  March  1813,  an  act  supple- 
mentary to  acts  heretofore  passed,  <fec.  approved  July  30th 
1813,  an  act  relative  to  evidence  in  case  of  naturalization, 
approved  May  29th,  1824,  all  of  which  acts  are  in  force  and 
should  have  preceded  the  act  published  in  the  appendix. 

1  have  considered  it  my  duty  to  call  the  attention  of  the 
Legislative  Assembly  to  the  foregoing  facts.  The  immense 
injury  that  has  been  sustained  by  the  people  of  the  Territory 
for  want  of  the  laws  at  the  proper  time,  must  present  itself 
forcibly  upon  the  consideration  of  their  Representatives, 
and  calls  loudly  for  Legislative  interference,  to  secure  a 
prompt  publication  of  the  laws  in  future.  I  would  there- 
fore suggest  to  the  consideration  of  the  Legislative  Assembly, 
the  propriety  of  creating,  by  law,  the  office  of  Public  Printer, 
and  to  define  his  duties,  and  fix  his  compensation  by  law 
— holding  him  responsible,  under  heavy  penalties,  to  have 
all  public  printing  done  promptly  at  the  time  provided  by 
law. 

The  appropriation  made  by  Congress  for  the  purchase  of 


104  MESSAGES  AND  PROCLAMATIONS   OF 

a  Territorial  Library  has  been  expended,  and  the  books  re- 
ceived. The  Legislative  Assembly  having  failed,  at  the 
last  session,  to  pass  a  law  to  regulate  the  Library,  the  Exec- 
utive procured  a  room,  had  it  fitted  up  as  a  library  room, 
with  cases  for  the  books,  in  which  they  are  now  placed,  and 
under  the  care  of  Charles  Weston,  Esq.  who  was,  on  the 
18th  of  October  last,  appointed  Librarian  pro  tern.  This 
course  was  thought  advisable  by  the  Executive,  so  that  the 
members  of  the  Legislative  Assembly  might  have  the  bene- 
fit of  the  Library  at  the  commencement  of  the  session. 
There  being  no  provision  made  by  law  for  paying  the  rent 
of  the  library  room,  and  other  incidental  expenses  connected 
therewith,  Mr.  John  S.  David,  the  proprietor  of  the  build- 
ing, agreed  to  fit  up  the  room,  and  wait  the  pleasure  of  the 
Legislature  to  make  him  such  an  allowance  as  they  might 
deem  reasonable. 

I  would  respectfully  recommend  to  the  Legislative  As- 
sembly the  early  passage  of  a  law  to  regulate  the  Territorial 
Library — to  provide  for  the  appointment  of  Librarian — fix 
his  compensation,  define  his  duties,  and  provide  for  the 
payment  of  other  necessary  expenses  of  the  Library.  I 
think  it  also  would  be  of  great  importance  to  provide  for  a 
gradual  increase  of  the  Library,  by  a  small  annual  appro- 
priation, to  be  expended  by  the  Librarian  in  subscription  to 
important  periodical  works,  and  the  purchase  of  such  other 
books  as  might  be  deemed  most  useful  to  the  Territory, 
and  diffuse  the  greatest  degree  of  useful  knowledge  among 
the  people.  A  catalogue  of  the  books  and  maps  in  the 
library  will  be  submitted  to  the  consideration  of  the  Legis- 
lative Assembly  by  the  Librarian  as  soon  as  it  can  be  con- 
veniently made  out. 


GOVERNOR  ROBERT  LUCAS          105 

The  directors  appointed  under  the  provisions  of  the  act, 
* '  to  provide  for  the  erection  of  a  Penitentiary,  and  establish 
and  regulate  prison  discipline  for  the  same,  "  organized  their 
board,  and  reported  to  me,  on  the  29th  of  April  last,  that 
they  had  procured  a  site  for  the  Penitentiary  in  accordance 
with  the  provisions  of  said  act,  and  desired  that  I  would 
make  a  requisition  on  the  Treasury  of  the  United  States  for 
the  sum  appropriated  by  Congress  for  the  erection  of  public 
buildings  in  the  Territory  of  Iowa,  in  their  act  of  the  7th  of 
July,  1838. 

In  compliance  with  the  request  of  the  directors,  I  trans- 
mitted to  the  Secretary  of  the  Treasury  of  the  United 
States,  on  the  same  day,  a  copy  of  the  act  of  the  Legislative 
Assembly,  and  called  his  attention  particularly  to  the  5th  sec- 
tion, which  required  the  Governor  to  draw  the  appropriation, 
and  pay  it  over  to  the  Superintendent  of  the  Penitentiary. 
I  also  in  my  letter,  called  the  attention  of  the  Secretary  of 
the  Treasury  to  the  appropriation  made  in  the  organic  law 
for  erecting  public  buildings  at  the  seat  of  government,  and 
explained  to  him  the  reason  why  the  two  appropriations 
would  be  drawn  for  under  different  legislative  acts;  and  in 
conclusion,  requested  him  to  give  me  the  views  of  the  De- 
partment on  the  subject.  On  the  20th  of  May,  the  Secre- 
tary of  the  Treasury  acknowledged  the  receipt  of  my  letter 
of  the  29th  of  April,  and  its  enclosures.  He  referred  me, 
in  reply,  to  an  act  of  Congress,  approved  31st  of  January, 
1828,  and  informed  me  that  the  money  could  not  be  ad- 
vanced, except  as  the  service  was  performed,  and  articles 
delivered,  unless  the  President  was  applied  to,  and  reasons 
stated,  which  satisfies  him  to  advance  as  much  as  would  be 


106  MESSAGES   AND   PROCLAMATIONS   OF 

wanted  for  the  next  thirty  or  sixty  days.  A  copy  of  this 
letter  was  furnished  to  the  directors  of  the  Penitentiary,  and 
also  to  the  commissioners  appointed  to  superintend  the 
public  buildings  at  the  seat  of  Government.  On  the  9th  of 
September,  the  Superintendent  presented  a  bill  of  the  work 
done  at  the  Penitentiary  amounting  to  $2,077.00;  also  an 
estimate  for  the  funds  wanting  for  the  ensuing  sixty  days, 
amounting  to  $3,800.00,  with  a  certificate  of  approval, 
endorsed  by  the  directors.  These  estimates,  together  with 
a  petition  directed  to  the  president  of  the  United  States  by 
the  directors,  was  transmitted  by  me  to  the  Secretary  of  the 
Treasury  of  the  United  States,  on  the  14th  of  September 
last,  requesting  him  to  transmit  to  Amos  Ladd,  the  Super- 
intendent, a  check  either  on  the  Receiver  of  Public  Moneys 
at  this  place,  or  the  State  Bank  of  Missouri,  for  the  sum  of 
$5,877.00 — the  amount  required  by  the  directors.  The 
check,  I  understand,  has  been  received  recently  by  Mr. 
Ladd,  on  the  Bank  of  Missouri.  Subsequent  to  forwarding 
the  aforesaid  estimates  and  requisition,  I  received  a  letter 
from  the  Secretary  of  the  Treasury  of  the  United  States, 
dated  the  9th  of  September,  1839,  in  which  he  informs  me 
that  since  the  receipt  of  my  communication  of  the  29th  of 
April  last,  on  the  subject  of  the  appropriation  to  defray  the 
expenses  of  erecting  public  buildings  in  the  Territory  of 
Iowa,  the  Comptroller  had  reported,  in  answer  to  a  call 
from  the  Department,  in  a  similar  case,  that  the  appropria- 
tion must  be  considered  as  a  grant,  and  an  account  can  be 
stated  in  favor  of  the  Treasurer  of  the  Territory,  as  my 
assignee  for  such  parts  of  the  whole  as  I  may  require;  and 
that  on  receiving  from  me  a  requisition  in  his  favor,  stating 


GOVERNOR  ROBERT  LUCAS          107 

the  amount  that  may  be  required  to  meet  the  liabilities  of 
the  Territory  on  account  of  the  erection  of  public  build- 
ings, within  thirty  days  subsequent  to  the  date  of  my  requi- 
sition, it  would  be  referred  to  the  accounting  officer  for 
settlement  in  conformity  with  the  Comptroller's  decision, 
and  so  hereafter  when  further  sums  may  be  needed. 

I  have  submitted  the  subject  in  detail,  and  request  that 
you  would  give  it  your  serious  attention,  and  that  provi- 
sions may  be  made  by  law  to  authorise  the  Treasurer  of 
the  Territory  to  receive  from  the  Treasurer  of  the  United 
States,  and  to  pay  over  all  moneys  appropriated  by 
Congress  for  the  erection  of  public  buildings  in  the  Terri- 
tory, in  accordance  with  the  views  of  the  Comptroller  of 
the  Treasury  of  the  United  States. 

While  on  this  subject,  I  will  call  the  attention  of  the 
Legislative  Assembly,  in  an  explicit  manner,  to  the  impor- 
tance of  providing,  by  law,  for  the  transmission  to  the 
penitentiary,  of  all  prisoners  that  may  be  sentenced  to  im- 
prisonment within  any  part  of  the  territory,  for  a  violation 
of  our  criminal  laws.  It  would  be  attended  with  but  little 
expense  to  prepare  a  temporary  prison  to  secure  the  con- 
victs at  night;  and  by  surrounding  the  works  with  pickets, 
with  the  attention  of  a  few  guards  they  might  be  kept 
safely  at  work  through  the  day,  and  shut  up  in  the  prison 
at  night.  Thus  they  might  be  made  to  erect  a  prison  for 
themselves,  and  relieve  the  Territory  from  considerable 
expense. 

By  the  4th  section  of  the  act  supplementary  to  an  act  to 
locate  the  seat  of  government  of  the  Territory  of  Iowa,  and 
for  other  purposes,  approved  21st  of  January,  1839,  it  was 


108  MESSAGES   AND   PROCLAMATIONS   OF 

made  the  duty  of  the  Governor  to  apply  to  Congress,  for  a 
donation  of,  or  a  pre-emption  to,  four  sections  of  land,  on 
which  to  locate  the  seat  of  Government  of  the  Territory  of 
Iowa.  In  discharge  of  this  duty,  the  Governor  did,  on  the 
24th  of  January,  within  four  days  after  the  passage  of  the 
bill,  transmit  a  memorial  to  the  Senate  and  House  of  Rep- 
resentatives of  the  United  States  of  America  in  Congress 
assembled,  together  with  a  copy  of  the  original  and  sup- 
plementary acts  to  locate  the  seat  of  Government  of  the 
Territory  of  Iowa.  The  memorial  first  asked  Congress 
permission  to  locate  the  seat  of  Government  of  the  Terri- 
tory upon  the  land  of  the  United  States,  in  the  county  of 
Johnson,  and  within  the  late  purchase  made  by  the  United 
States  from  the  Sac  and  Fox  Indians.  Second — that  they 
would  grant  unto  the  Territory  a  donation  of  four  sections 
of  land  upon  which  to  locate  the  said  seat  of  Government, 
or  if  they  should  not  deem  it  expedient  to  grant  the  land  as 
a  donation,  that  they  would  secure  to  the  Territory  a  pre- 
emption right  to  four  sections  of  land  at  the  place  that 
might  be  selected  for  the  seat  of  Government,  and  that  a 
title  to  the  same  might  be  perfected  on  payment  being 
made,  in  such  manner  as  Congress  might  deem  expedient. 
A  copy  of  the  memorial  and  acts  of  the  Legislature,  was 
transmitted  to  the  President  of  the  Senate,  and  Speaker  of 
the  House  of  Representatives  in  Congress,  together  with  a 
request  that  they  might  be  laid  before  their  respective 
Houses.  We  see,  by  the  journal  of  Congress,  that  the 
memorial  was  received  and  referred  to  the  respective  com- 
mittees on  public  lands,  but  no  further  action  was  had 
on  them  prior  to  the  adjournment  of  Congress.  We  see 


GOVERNOR  ROBERT  LUCAS         109 

among  the  acts  of  the  last  session  of  Congress,  an  act  en- 
titled "An  act  making  a  donation  of  land  to  the  Territory  of 
Iowa  for  the  purpose  of  erecting  public  buildings  thereon," 
approved  3d  March  1839,  in  the  followings  words:  "That 
there  be  and  hereby  is  appropriated  and  granted  to  the 
Territory  of  Iowa,  one  entire  section  of  land,  of  any  of  the 
surveyed  public  lands  in  said  Territory,  for  the  purpose  of 
erecting  thereon,  the  public  buildings  for  the  use  of  the 
Executive  and  Legislative  departments  of  the  government 
of  the  said  Territory:  Provided,  That  the  said  section 
of  land  shall  be  selected  under  the  authority  of  the  Terri- 
torial Legislature,  the  seat  of  Government  located  thereon, 
and  notice  of  said  selection  officially  returned  to  the  Register 
of  the  Land  Office  in  the  district  in  which  the  land  is  situ- 
ated, within  one  year  from  the  passing  of  this  act:  And  pro- 
vided further,  That  nothing  herein  contained  shall  author- 
ise the  selection  of  the  sixteenth  section  in  any  township 
reserved  for  the  use  of  schools,  nor  of  any  lot  reserved  for 
public  purposes;  and  that  in  the  selection  to  be  made  as 
aforesaid,  no  pre-existing  improvement  or  right  of  pre- 
emption recognized  by  law,  shall  be  prejudiced  thereby. 

"Sec.  2.  And  be  it  further  enacted,  That  if,  at  the  time 
of  the  selection  of  the  section  of  land  to  be  made  as  afore- 
said, the  contiguous  sections  thereto  have  not  been  made 
subject  to  public  sale,  or  being  so  subject  have  not  been 
sold,  at  public  sale  or  private  entry,  then  each  and  every 
section  contiguous  to  said  selected  section  and  not  so  sold, 
shall  be  thereafter  reserved  and  withheld  from  sale  in  any 
manner,  until  the  further  order  of  Congress  thereon.  But 
nothing  herein  expressed  shall  be  construed  to  restrain  the 


110  MESSAGES   AND   PROCLAMATIONS   OF 

said  Territory  of  Iowa,  after  appropriating  a  sufficient  quan- 
tity of  land  within  said  selected  section  for  the  site  and  ac- 
commodation of  the  said  public  buildings,  from  selling  and 
disposing  of  the  residue  of  said  section  in  lots  or  otherwise 
for  the  use  of  said  Territory,  in  the  erection  and  completion 
of  said  building." 

The  act  of  Congress  comes  in  direct  conflict  with  the  acts 
of  the  Legislative  Assembly,  and  the  memorial  presented  to 
Congress  by  their  order.  It  confines  the  selection  to  sur- 
veyed public  lands,  when  there  were  at  the  time  of  its  pas- 
sage but  two  townships  of  surveyed  public  land,  within  the 
county  of  Johnson — one  lying  between  the  line  of  Wash- 
ington and  Muscatine  counties,  and  the  other  north  of  the 
same  in  the  southeast  corner  of  the  county,  being  entirely  in 
the  prairie  and  had  been  offered  for  sale  in  the  Dubuque 
land  district,  at  the  public  land  sales  in  November,  1838. 
The  restrictions  under  which  the  selection  is  to  be  made, 
and  the  conditions  connected  with  the  grant  are  such  as 
never  can  be  acceded  to  without  an  entire  disregard  to  the 
interests  and  prosperity  of  the  Territory.  First,  the  selec- 
tion is  confined  to  surveyed  townships,  when  the  memorial 
presented  to  Congress  prayed  for  the  grant  to  be  within  the 
late  purchase  of  the  Sac  and  Fox  Indians. — Second — the 
section  of  land  must  be  selected  under  the  authority  of  the 
Territorial  Legislature,  the  seat  of  government  located  there- 
on and  notice  of  said  selection  officially  returned  to  the  Reg- 
ister of  the  Land  Office.  Third — that  when  the  official 
return  is  made  to  the  Land  Office,  every  contiguous  section 
to  the  section  selected  as  the  seat  of  government  becomes 
Congressional  reservations,  and  ever  thereafter  is  reserved 


Ill 

from  sale  in  any  manner  until  the  sale  shall  be  ordered  by 
a  special  act  of  Congress. 

What  would  be  the  effect  of  the  last  condition?  It  would 
inevitably  tend  to  check  the  improvement  of  the  city  and 
retard  the  prosperity  of  the  inhabitants.  The  city  would 
be  surrounded  on  every  side  by  Congressional  reservations 
of  a  contiguous  section,  and  must  ever  remain  so,  until  a 
special  act  of  Congress  should  provide  for  the  disposal  of 
these  contiguous  sections,  which  would  probably  not  be  for 
many  years,  and  then  upon  terms  that  would  check  the 
improvement  of  the  city.  I  am  clearly  of  the  opinion  that 
the  grant  proposed  under  the  aforesaid  act  of  Congress 
ought  not  to  be  accepted  by  the  Territory  and  that  it  would 
be  better  for  the  Territory  to  pay  the  government  price  for 
ten  sections  of  land  than  to  accept  the  donation  of  one  sec- 
tion under  such  embarrassing  conditions.  I  therefore  rec- 
ommend to  the  Legislative  Assembly  the  passage  of  a 
memorial  to  Congress,  calling  their  attention  to  the  mem- 
orial that  was  forwarded  by  their  direction  to  the  late  Con- 
gress, and  requesting  that  a  grant  or  pre-emption  right  may 
be  secured  to  the  Territory,  for  the  land  on  which  the  seat 
of  government  is  located,  without  any  restrictive  conditions, 
or  Congressional  reservation  in  the  vicinity  thereof. 

The  Commissioners  appointed  by  the  late  Legislative 
Assembly,  proceeded  to  locate  the  seat  of  government  in 
the  county  of  Johnson,  (and  I  think  very  properly  too) 
without  regard  to  the  act  of  Congress  of  the  3d  of  March 
last,  and  have  made  report  of  the  proceedings  to  the  Execu- 
tive, in  accordance  with  the  provisions  of  the  legislative  acts 
of  the  Territory.  The  section  selected  by  them  has  been 


112  MESSAGES   AND   PROCLAMATIONS   OF 

laid  out  into  city  lots,  and  on  application  of  the  acting  com- 
missioner, public  sale  of  lots  were  by  proclamation  of  the 
Executive  ordered  to  be  held  on  the  3d  Monday  of  August, 
and  on  the  first  Monday  in  October  last  at  which  sale  there 
were  203  in  lots  and  3  out  lots  sold  for  the  aggregate  sum 
of  $28,854.75.  The  lots  sold  cannot  be  estimated  at  more 
than  one  fourth  in  value  of  the  whole  city  plat.  A  special 
report,  it  is  expected,  will  be  submitted  to  the  Legislative 
Assembly  by  the  commissioners. 

I  would  suggest  to  the  Legislative  Assembly,  the  revision 
of  the  act  establishing  the  seat  of  government,  so  as  to 
define  the  manner  of  disbursing  the  funds  appropriated  by 
Congress  in  accordance  with  the  views  of  the  Secretary  of 
the  Treasury,  as  expressed  in  his  letter  to  me  of  the  9th  of 
September,  heretofore  referred  to.  Also  to  point  out  the 
mode  of  making  deeds  of  conveyance  to  the  purchasers  of 
lots  in  Iowa  City;  Also  to  define  more  definitely  the  plan 
for  the  public  buildings,  and  the  manner  of  superintending 
their  construction  by  an  experienced  architect. 

The  10th  section  of  the  militia  law  states,  that  in  order  to 
secure  uniformity  in  the  organization,  discipline  and  govern- 
ment of  the  militia  of  this  Territory,  it  shall  be  the  duty  of 
the  commander-in- chief,  from  time  to  time,  to  provide  at  the 
expense  of  the  Territory,  such  books  of  instruction  as  are  or 
may  be,  prescribed  for  the  use  of  the  army  or  militia  of  the 
United  States,  and  to  furnish  each  commissioned  officer  with 
a  copy.  This  duty  would  have  been  performed  with  pleas- 
ure by  the  Commander-in-chief,  had  funds  been  placed  un- 
der his  control  for  the  purchase  of  such  books:  but  there 
being  neither  funds  in  the  Territorial  Treasury,  nor  any  law 


GOVERNOR  ROBERT  LUCAS          113 

by  which  they  could  be  drawn  therefrom,  for  the  purpose 
aforesaid,  I  addressed  a  letter  on  the  9th  of  July  last,  to  the 
Secretary  of  War,  making  inquiry  whether  such  books  could 
be  furnished  by  the  War  Department.  I  also  made  inquiry 
respecting  a  supply  of  arms  to  the  militia  of  the  Territory, 
and  the  establishment  of  a  depository  of  arms  and  munitions 
of  war  at  some  central  point  on  the  Mississippi  river,  with- 
in this  Territory,  for  the  use  of  the  militia  in  case  of  need. 
To  which  letter  I  received  a  reply  from  the  acting  secretary 
of  War,  dated  the  7th  of  August  last,  in  substance  as 
follows : 

The  acting  Secretary  of  War,  (S.  Cooper)  acknowledged 
the  receipt  of  my  letter  of  the  9th  of  July,  enquiring  whether 
there  could  be  furnished  by  that  department  a  number  of 
Cooper's  books  of  tactics  and  regulations  sufficient  for  the 
instruction  of  the  officers  of  the  militia  of  Iowa,  and  on  the 
subject  of  supplying  arms,  <fec.,  to  enable  the  citizens  of  the 
Territory  to  defend  themselves  against  Indian  depredations; 
and  stated  that  the  department  at  that  time  had  no  means 
at  its  disposal,  that  would  enable  it  to  furnish  the  work  re- 
ferred to;  but  that  the  matter  would  be  submitted  to  the 
Secretary  of  War  on  his  return  to  the  seat  of  Government 
for  his  consideration.  In  respect  to  the  arms,  <fec. ,  the  act- 
ing Secretary  of  War  enclosed  me  a  report  from  the  officer 
in  charge  of  the  ordnance  department,  to  whom  was  referred 
my  letter  of  the  9th  of  July.  This  report  states  that  "the 
communication  of  the  Executive  of  the  Territory  of  Iowa 
shows  that  arms  and  equipments  may  be  required  for  the 
defense  of  the  inhabitants  against  Indian  hostilities  at  some 
future  day.  That  the  organization  of  the  militia  is  not  yet 


114  MESSAGES   AND   PROCLAMATIONS   OF 

completed,  and  consequently  no  return  of  the  militia  can 
have  been  made  to  the  adjutant  general  of  the  army. 

"Issues  of  arms  to  the  States  and  Territories,  under  the 
law  of  1808,  can  be  made  only  on  the  militia  returns,  which 
is  indispensable  in  distributing  the  number  due.  In  the  ab- 
sence of  such  returns,  and  that  the  Territory  may  have  a 
resource  in  case  of  need,  I  would  respectfully  suggest  that  a 
suitable  place  be  selected  and  a  deposition  of  arms,  accoutre- 
ments and  ammunition  be  made,  the  whole  to  remain  in  the 
custody  of  the  United  States  subject  to  the  order  of  the 
Governor  of  the  Territory,  in  certain  contingencies  to  be 
specified.  It  appears  to  me,  that  any  other  disposition  of 
public  arms  would  lead  to  disappointment  in  case  they 
were  relied  upon  for  our  future  service.  Some  central  point 
on  the  Mississippi  is  named  as  a  proper  location  for  the  de- 
pository of  arms.  Fort  Armstrong  and  Prairie  du  Chien, 
would  both  be  safe  places,  and  are  under  the  control  of  the 
government.  My  limited  knowledge  of  that  part  of  the 
country  forbids  the  attempt  to  name  at  once  a  more  suitable 
place." 

The  foregoing  report  was  addressed  to  the  Secretary  of 
War,  and  dated  3d  of  August,  1839.  It  contains  the  views 
of  the  ordnance  department  on  the  subject  of  public  arms: 
but  I  have  received  no  further  communications  from  the 
Secretary  of  War  on  the  subject  of  the  enquiries  made  of 
the  department,  in  my  letter  of  the  9th  of  August  last. 

The  foregoing  statements  and  correspondence  is  respect- 
fully submitted  for  the  information  and  consideration  of 
the  Legislative  Assembly.  It  must  convince  them  of  the 
necessity  of  perfecting  the  organization  of  the  militia  of  the 
Territory  as  speedily  as  practicable. 


GOVERNOR  ROBERT  LUCAS         115 

In  pursuance  of  the  militia  law,  the  Territory  has  been 
divided  into  three  divisions,  six  brigades  and  twelve  regi- 
ments. The  general  and  field  officers  have  been  appointed, 
and  in  all  the  regiments  (except  the  regiment  composed  of 
the  counties  of  Henry  and  Jefferson,  from  which  no  com- 
pany officers  have  been  reported,)  company  officers  have 
been  recommended  and  commissioned.  Some  of  the  regi- 
ments are  organized  entire,  and  others  partially  so;  but  no 
return  of  the  numerical  strength  of  the  militia  of  any  of  the 
regiments  have  yet  been  received  by  the  adjutant  general. 
By  reference  to  the  report  of  the  ordnance  department,  it 
will  be  seen  that  no  arms  can  be  drawn  from  the  United 
States  until  our  militia  organization  is  completed,  and  the 
numerical  strength  reported  to  the  adjutant  general  of  the 
army  of  the  United  States.  The  tardiness  in  completing 
the  organization  of  the  militia  may  in  a  great  measure  be 
attributed  to  a  want  of  a  correct  knowledge  of  the  militia 
laws  of  the  Territory.  I  therefore  suggest  the  propriety  of 
causing  the  militia  laws  of  the  last  session  of  the  Legislative 
Assembly,  together  with  such  parts  of  the  Wisconsin  laws 
as  are  still  in  force,  to  be  printed  in  pamphlet  form,  and 
distributed  among  the  militia  officers  of  the  Territory;  and 
that  additional  provisions  be  made  to  cause  prompt  and  full 
returns  of  the  numerical  strength  of  each  regiment,  to  be 
transmitted  to  the  adjutant  general  of  the  Territory,  to  be 
by  him  transmitted  to  the  adjutant  general  of  the  United 
States,  so  that  in  apportioning  the  public  arms  under  the 
act  of  1808,  the  Territory  of  Iowa  will  receive  her  full 
portion  of  the  same. 

The  attention  of  the  Legislative  Assembly  is  solicited  to 


116  MESSAGES   AND   PROCLAMATIONS   OF 

the  subject  of  adopting  a  regular  system  of  finance  for  the 
Territory.  To  effect  this,  it  will  become  necessary  to  create 
the  office  of  Auditor  of  Public  Accounts,  whose  duty  it 
shall  be  to  audit  all  claims  against  the  Territory,  and  on 
whose  warrant  all  moneys  appropriated  by  law  shall  be 
drawn  from  the  treasury  of  the  Territory.  By  our  present 
laws,  the  office  of  Territorial  treasurer  is  created,  but  there 
is  no  law  in  force  to  define  his  duties,  or  to  point  out  the 
manner  in  which  public  moneys  are  to  be  paid  into  the  Ter- 
ritorial Treasury;  or  where  money  may  be  in  the  treasury 
how  it  may  be  drawn  out  of  it. 

The  first  section  of  the  supplementary  act  to  locate  the 
seat  of  government  declares  that  a  sale  of  lots  in  the  town 
at  the  seat  of  government,  shall  be  held  under  the  direction 
of  the  commissioners,  the  proceeds  of  which  shall  go  into 
the  Territorial  treasury  to  be  expended  as  may  be  hereafter 
directed  by  law. 

I  respectfully  recommend  the  passage  of  a  law  regulating 
a  system  of  finance  within  the  Territory,  in  which  the 
powers  and  duties  of  the  treasurer  may  be  defined.  In 
which  he  would  be  required  to  receive  and  disburse  all  pub- 
lic funds  belonging  to  the  Territory,  as  well  those  appro- 
priated by  Congress  for  erecting  public  buildings,  as  the 
funds  that  may  be  collected  under  the  Territorial  laws.  A 
well  regulated  system  of  finance  would  relieve  the  Territory 
from  embarrassment  in  its  fiscal  operations,  and  would  lead 
to  economy  in  public  disbursements,  which  is  an  object 
that  should  never  be  lost  sight  of,  by  all  public  func- 
tionaries. 

The  act  of  the  last  session,  to  prevent  gambling,  ap- 


GOVERNOR  ROBERT  LUCAS          11 7 

proved  25th  of  December,  1838,  contains  efficient  provi- 
sions, and  if  faithfully  executed  must  ultimately  tend  to 
check  those  pernicious  practices  within  the  Territory.  But 
the  demon  of  intemperance,  appears  to  stalk  through  our 
land  unmolested,  and  indeed  fortified  in  many  respects  be- 
hind the  license  law  of  the  country.  The  principle  of  raising 
a  revenue  from  license  to  vend  or  retail  intoxicating  drinks, 
appears  to  me  to  partake  much  of  the  character  of  legalizing 
indulgences  to  commit  crime.  The  vender  of  ardent  or 
other  intoxicating  drinks,  though  it  may  be  legalized  by 
license,  is,  in  my  opinion,  morally  accountable  for  all  the 
crimes  and  wretchedness  produced  by  the  use  of  such  ardent 
spirits,  or  other  intoxicating  drinks  vended  by  them, 
whether  wholesale  or  retail.  The  philanthropist  and  states- 
man have  of  late  years  considered  intemperance  one  of  the 
greatest  evils  that  pervade  our  land.  It  is  considered  the 
cause  of  more  wretchedness,  crime  and  death,  than  any 
other  cause  whatsoever,  and  many  of  the  states  have  inter- 
posed the  strong  arm  of  the  law  to  check  its  progress.  But 
when  we  consider  that  our  government  and  laws  are  under 
the  control  of  public  opinion,  I  have,  after  much  reflection, 
been  led  to  the  conclusion  that  the  most  effectual  mode  to 
suppress  this  greatest  of  all  evils  (intemperance)  would  be 
to  submit  it  entirely  to  the  control  of  public  opinion.  I 
therefore  seriously  solicit  the  attention  of  the  Legislative 
Assembly  to  the  subject  and  recommend  to  their  considera- 
tion the  passage  of  a  law  repealing  all  laws  now  in  force  in 
the  Territory,  that  authorize  granting  license  to  vend  or 
retail  ardent  spirits,  and  to  leave  the  subject  entirely  under 
the  control  of  public  opinion,  holding  the  keepers  of  public 


118  MESSAGES   AND   PROCLAMATIONS   OF 

houses  and  groceries  accountable  under  heavy  penalties  for 
permitting  drunkenness  or  disorder  about  their  respective 
houses.  This,  in  my  opinion,  would  give  a  fatal  check  to 
the  practice.  The  whole  moral  influence  of  the  community 
would  in  a  short  time  be  brought  to  bear  upon  it,  and  being 
without  the  support  of  legal  license,  would  ultimately  sink 
under  the  weight  of  public  opinion.  But  should  the  fore- 
going recommendation  be  deemed  inexpedient,  I  would  sug- 
gest an  alteration  in  the  laws,  so  that  no  license  to  retail 
ardent  spirits  or  other  intoxicating  drinks,  should  be  granted 
by  any  authority  in  any  county  within  the  Territory  of 
Iowa,  unless  a  majority  of  the  legal  voters  in  such  county, 
should  vote  in  favor  of  granting  such  license  at  their  respec- 
tive annual  elections.  This  principle  has  been  adopted  by 
some  of  the  states,  and  has  been  spoken  of  as  highly  bene- 
ficial in  its  effects.  It  is  in  strict  accordance  with  the  spirit 
of  our  institutions,  that  a  majority  of  the  qualified  voters  in 
the  respective  counties  should  determine  on  questions  of 
policy  that  are  so  intimately  connected  with  their  interests 
and  future  prosperity. 

The  foregoing  suggestions  are  most  respectfully  sub- 
mitted to  your  consideration,  under  a  confident  belief  that 
you  will  give  them  the  consideration  that  is  due  to  the 
importance  of  the  subject. 

By  the  provision  of  the  act  of  Congress,  approved  June 
18,  1838,  entitled  "An  act  to  authorise  the  President  of  the 
United  States  to  cause  the  southern  boundary  line  of  the 
Territory  of  Iowa,  to  be  ascertained  and  marked,"  the 
President  of  the  United  States,  was  authorised  to  cause  to 
be  surveyed,  ascertained  and  distinctly  marked,  the  southern 


119 

boundary  of  the  Territory  of  Iowa  west  of  the  Mississippi 
river,  which  divides  it  from  the  State  of  Missouri;  and  that 
for  that  purpose  he  was  authorised  to  appoint  a  Commis- 
sioner on  the  part  of  the  United  States,  who  should  unite 
or  act  in  conjunction  with  a  Commissioner  to  be  appointed 
by  the  Governor  of  Missouri,  and  a  Commissioner  to  be 
appointed  by  the  Governor  of  the  Territory  of  Iowa,  in 
running,  marking  and  ascertaining  said  boundary  line;  and 
it  was  made  the  duty  of  the  Commissioner  to  be  appointed 
by  the  President  to  make  a  full  report  of  his  proceedings 
in  the  premises  to  the  Secretary  of  State  of  the  United 
States.  Under  the  provisions  of  said  act,  Albert  M.  Lea, 
Esq.,  was  appointed  a  Commissioner  on  the  part  of  the 
United  States  and  Dr.  James  Davis  was  appointed  a  Com- 
missioner on  the  part  of  the  Territory  of  Iowa.  The 
Governor  of  the  State  of  Missouri  declined  to  appoint  a 
Commissioner  on  the  part  of  that  state.  The  law  declares 
that  if  the  State  of  Missouri  and  Territory  of  Iowa  should 
fail  to  appoint  Commissioners,  or  if  the  Commissioner 
appointed  by  either  or  both  should  fail  to  attend  to  the 
duty  after  reasonable  notice,  that  the  Commissioner  on  the 
part  of  the  United  States  should  proceed  to  execute  the 
duties  enjoined  with  either  of  said  Commissioners,  who 
might  attend,  or  without  the  attendance  of  either  or  both  of 
said  Commissioners.  The  law  further  declares,  that  the 
line  so  run,  ascertained  and  marked,  should  not  be  deemed 
to  be  finally  established  and  ratified  by  the  United  States 
until  the  map  or  plat  and  descriptions  aforesaid,  and  also, 
the  said  report  of  the  Commissioners,  should  be  submitted 
to,  and  the  boundary  as  thus  ascertained  and  marked  ap- 


120  MESSAGES   AND   PROCLAMATIONS   OF 

proved  of  and  ratified  by  the  Congress  of  the  United 
States. 

The  Commissioner  appointed  on  the  part  of  the  United 
States,  in  conjunction  with  the  Commissioner  on  the  part  of 
the  Territory  of  Iowa,  proceeded  to  the  discharge  of  their 
duties,  and  submitted  their  reports  in  accordance  with  the 
requisition  of  the  law,  and  in  obedience  to  a  resolution  of 
the  House  of  Representatives,  on  the  30th  day  of  January 
last.  The  report  of  the  Commissioner  on  the  part  of  the 
United  States,  was  submitted  to  Congress  by  the  Secretary 
of  State,  but  not  being  finally  acted  upon  before  the  ad- 
journment of  Congress,  it  now  awaits  the  final  action  of 
Congress  thereon  at  the  ensuing  session.  After  this  report 
was  submitted  to  Congress,  the  Legislature  of  the  State  of 
Missouri  passed  an  act  declaring  the  line  run  by  their  own 
Commissioners  in  1837,  to  be  the  northern  boundary  of 
that  State.  This  act  was  dated,  according  to  the  Proclama- 
tion of  the  Governor  of  Missouri,  the  16th  of  July,  1839. 
This  Missouri  act  appears  to  have  been  passed  in  defiance 
of  the  proceedings  of  Congress,  and  in  direct  contravention 
of  their  acts,  and  under  the  provisions  of  which  the  authori- 
ties of  that  State  have  attempted  to  obtain  a  tortuous  juris- 
diction over  a  portion  of  this  Territory  within  the  county  of 
Van  Buren,  and  on  which  the  Territory  of  Iowa  has  since 
its  organization  exercised  an  unmolested  jurisdiction. 

The  unwarrantable  and  unjustifiable  proceedings  of  the 
authorities  of  Missouri,  and  their  attempt  to  levy  and  col- 
lect taxes  from  the  citizens  of  the  United  States,  residing 
within  the  organized  boundaries  of  this  Territory,  has 


GOVERNOR  ROBERT  LUCAS          121 

caused  an  excitement  of  feeling  that  may  ultimately  lead  to 
the  effusion  of  blood. 

It  becomes  our  duty  to  maintain  the  jurisdiction  of  the 
United  States  over  all  the  Territory  embraced  within  the 
boundaries  of  the  Territory  of  Iowa  at  the  time  of  its  organi- 
zation, until  Congress  establish  the  line.  This  duty  cannot 
be  dispensed  with  by  the  authorities  of  this  Territory,  act- 
ing as  they  do  under  the  laws  of  the  United  States.  They 
are  bound  to  maintain  the  supremacy,  and  cannot  com- 
promise or  yield  the  jurisdiction  of  the  United  States  in  any 
way  or  manner  whatever. 

In  order  that  the  Legislative  Assembly  may  have  a  full 
view  of  this  exciting  subject,  I  transmit,  with  this  message, 
to  the  House  of  Representatives,  all  documents  in  posses- 
sion of  the  Executive,  that  can  cast  light  on  the  subject, 
with  a  request  that  they  may  be  communicated  to  the  Coun- 
cil, and  receive  the  prompt  attention  of  the  Legislative 
Assembly,  more  especially  the  report  of  the  Adjutant  Gen- 
eral, contained  in  No.  16.  (Having  no  copies,  I  send  the 
original,  and  request  that  they  may  be  preserved  by  the 
Legislative  Assembly,  to  wit:  Documents  No.  1  to  No.  18, 
inclusive. ) 

In  concluding  this  communication,  I  will  suggest  to  the 
Legislative  Assembly  the  propriety  of  again  memorializing 
Congress  to  grant  to  this  Territory  for  literary  purposes  a 
quantity  of  land  equal  to  the  grant  made  to  Wisconsin.  It 
seems  to  me  that  Congress  will  not  withhold  from  Iowa, 
the  same  liberality  that  has  been  bestowed  upon  the  other 
territories,  if  properly  pressed  upon  their  consideration. 


122  MESSAGES   AND   PROCLAMATIONS   OF 

That  your  deliberations  on  all  subjects  touching  the  gen- 
eral interests  of  our  country,  and  the  prosperity  and  happi- 
ness of  our  constituents,  may  be  crowned  with  success,  is 
the  ardent  wish  of 

Your  Obedient  Servant, 

ROBERT  LUCAS. 


A  CCOMPANYING  D  0  CUMENTS 

From  Original  Copies  in  the  Office  of  the  Secretary  of  State, 

Des  Moines 


An  Act  explanatory  of  an  act  to  organize  Clark  County 

Whereas  doubts  are  entertained  whether  or  not  the  boundry  of 
Clark  County  extends  north  of  the  old  Indian  boundry,  which  has 
been  by  some  erroneously  considered  the  northern  boundary  of  the 
State  of  Missouri:  and  whereas  it  is  desirable  to  render  the  extent 
and  limits  of  that  County  certain  therefore  — 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Missouri  as 
follows: 

All  that  portion  of  Territory  bounded  on  the  west  by  the  range 
between  ranges  nine  and  Ten,  west:  on  the  south  by  the  old 
Indian  boundry  line  which  passes  through  Township  sixty  seven,  on 
the  north  East  by  the  Des  Moines  river  and  on  the  north  by  the  true 
boundry  of  the  State  of  Missouri,  is  hereby  declared  to  be  a  part  of 
Clark  County  in  this  State  — 

This  act  shall  be  in  force  from  and  after  its  passage 

Approved  December  15,  1838 — 


An  Act  defining  the  Northern  Boundary  line  of  the  State 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Missouri  as 
follows — 


GOVERNOR  ROBERT  LUCAS          123 

Sec  1  The  line  as  run  and  marked  out  by  the  Commissioners 
appointed  by  this  State,  from  the  rapids  of  the  river  Des  Moines  to 
the  Missouri  river  in  the  year  1837,  be,  and  the  same  is  hereby 
declared  the  Northern  line  of  this  State  — 

Sec  2     This  Act  to  take  effect,  and  be  in  force  from  and  after  its 

passage 

Apprd  16th  Febury,  1839. 


LAFAYETTE  I  A  Jan  10th  1839 
Sis  Excellency  Robert  Lucas,  Governor  of  Tr,  Iowa. 

Sir:  I  this  day  forward  to  you  my  report  on  the  subject  of  the 
southern  boundary  line  of  the  Territory  of  Iowa. 

I  should  have  transmitted  it  to  your  Excellency  before  this  time, 
but  was  desirous  to  see  Lt.  Lea's  report  before  I  finished  my  own, 
but  find  it  will  not  do  to  wait  any  longer. 

I  presume  the  subject  will  not  come  up  in  Congress  untill  the 
latter  part  of  the  session,  and  hope  the  report  will  reach  Washington 
in  time 

I  have  not  yet  received  the  first  line  from  Mr.  Lea  since  I  left  him. 
He  promised  to  write  me  from  St  Louis,  and  Baltimore,  and  inform 
me  what  his  report  would  be,  but  has  failed  to  comply  with  his  plege 
or  the  mail  has  miscarried  — 

I  shall  remain  here  untill  I  know  what  Congress  has  done  with 
the  boundary  subject.  I  can  get  communications  from  Washington 
to  this  place  in  9  days 

Very  respectfully,  Your  obt  servt 

JAMES  DAVIS. 


KEOSAUQUA  8th.  July  1839  — 

Esteemed  Sir;  The  unwarrantable  conduct  of  Missouri  toward 
the  southern  portion  of  Iowa,  calls  loudly  for  the  interposition  of, 
your  Excellency,  The  Authorities  have  against  the  will  and  wishes 
of  the  people,  assessed  their  property  and  endeavored  to  ascertain 


1-J4  MESSAGES   AND   PROCLAMATIONS   OF 

their  views  in  relation  to  Slavery,  and  further  ordered  that  they  should 
not  pay  the  Collector  of  this  County  whose  duty  requires  that  it 
should  soon  be  accomplished —  The  firmness  of  purpose  which  your 
Excellency  evinced  on  a  similar  occasion  in  the  disputed  boundry  of 
Ohio,  gives  us  reason  to  expect  your  earnest  attention  on  this  unfor- 
tunate occurrence, 

With  the  fullest  assurance  that  your  superior  Judgment  and  advice 
will  sugest  the  course  we  should  pursue,  which  we  will  anxiously 

await 

Respectfully  Yours 

Commissioners  of  Van  JNO.  CABNES 

Buren  Co.     Iowa  Territory.  CHS  DAVIS 

JOHN  TAYLOB 


PROCLAMATION 

J3y  the  Governor  of  Iowa  Territory 
See  below  for  this  Proclamation  as  issued  by  Robert  Lucas 


A    PROCLAMATION 

By  the  Governor  of  the  State  of  Missouri 

Whereas,  a  publication  has  appeared  in  the  public  prints  of  this 
State,  purporting  to  be  a  proclamation  issued  by  the  authority,  and 
bearing  the  name  of  the  Governor  of  the  Territory  of  Iowa,  declar- 
ing that  a  certain  organic  law  of  said  Territory,  entitled  ' '  an  act  to 
prevent  the  exercise  of  a  foreign  jurisdiction  within  the  limits  of  the 
territory  "  shall  extend  to  and  be  in  force  within  a  certain  district  of 
land  lying  within  the  boundaries,  and  subject  to  the  jurisdiction  of 
the  State  of  Missouri, — and  authorising  the  arrest  and  trial,  before 
the  judicial  tribunals  of  Iowa,  of  all  persons,  residing  within  the 
limits  of  the  said  Territory,  as  the  same  have  been  declared,  and  are 
now  illegally  claimed  by  the  said  Territory  of  Iowa — who  shall  ac- 
cept of  any  office  of  trust,  from  any  State,  or  shall  exercise  or 


GOVERNOR  ROBERT  LUCAS          125 

attempt  to  exercise  any  official  functions,  or  who  shall  officiate  in 
any  office  or  situation  within  any  part  of  the  jurisdiction  of  said 
Territory,  as  at  present  declared  —  or  within  the  limits  of  any  of 
the  counties  therein,  as  at  this  time  organized,  by  virtue  of  any 
commission  or  authority  not  derived  from  the  Government  of  the 
United  States  or  said  Territory  —  admonishing  all  persons  residing 
within  the  limits  of  the  said  Territory,  as  the  same  have  illegally 
extended,  from  the  acceptance  of  any  such  office  or  trust — calling 
upon  the  several  officers  of  the  territorial  counties  bordering  upon 
this  State  to  be  careful  that  the  laws  of  the  United  States,  and  of 
said  Territory  be  respected,  enforced  and  faithfully  executed  within 
the  boundaries  of  Iowa,  as  they  are  at  present  organised,  and  exhort- 
ing all  such  officers  to  promptitude  and  vigilance  in  the  discharge 
of  their  respected  duties,  and  to  be  vigilant  in  protecting  the 
inhabitants  who  it  is  pretended  reside  within  the  limits  of  the  said 
Territory  of  Iowa,  and  moreover  to  exercise  the  power  of  arrest 
within  a  district  of  country,  which,  since,  and  by  the  terms  of  ad- 
mission of  the  State  of  Missouri  into  the  confederacy  of  the  United 
States,  has  been  and  still  is  subject  to  the  authority  of  this  State, 
and  over  which  the  Territory  of  Iowa  is  now  seeking  to  extend  an 
unwarranted  and  unauthorised  jurisdiction;  and 

Whereas,  by  an  act  of  the  Congress  of  the  United  States,  entitled 
"an  act  to  authorise  the  people  of  the  Missouri  Territory  to  form  a 
Constitution  and  State  Government,  and  for  the  admission  of  such 
State  into  the  Union,  on  an  equal  footing  with  the  original  States, 
and  to  prohibit  slavery  in  certain  territories,"  approved  March  6, 
1820,  the  territory  of  the  State  of  Missouri  has  been  set  forth,  pre- 
scribed, and  forever  ceded  by  the  United  States  to  said  State  as  the 
same  is  declared  to  be  included  within  the  following  boundaries, 
to-wit: 

"Beginning  in  the  middle  of  the  Mississippi  river  on  the  parallel 
of  thirty-six  degrees  of  north  latitud;  thense  west  along  that  parallel 
of  that  latitude  to  the  St.  Francois  river;  thence  up  and  following  the 
course  of  that  river  in  the  middle  of  the  main  channel  thereof  to  the 


120  MESSAGES   AND   PROCLAMATIONS   OF 

parallel  of  latitude  of  thirty-six  degrees  and  thirty  minutes,  thense 
west  along  the  same  to  a  point  where  the  said  parallel  is  intersected 
by  a  meredian  line  passing  through  the  middle  of  the  mouth  of  the 
Kansas  river,  where  the  same  empties  into  the  Missouri  river;  thence 
from  the  point  aforesaid,  north  along  the  said  meredian  line  to  the 
intersection  of  the  parallel  of  latitude  which  passes  through  the 
rapids  of  the  river  DCS  Moines,  making  the  said  line  to  correspond 
with  the  Indian  boundary  line;  thence  east  from  the  point  of  inter- 
section last  aforesaid,  along  the  said  parallel  of  lattitude,  to  the 
middle  of  the  main  channel  of  the  main  fork  of  the  said  river  Des 
Moines  to  the  mouth  of  the  same,  where  it  empties  into  the  Mis- 
sissippi river;  thence  due  east  to  the  middle  of  the  main  channel  of  the 
Mississippi  river,  down  and  following  the  course  of  the  Mississippi 
river  in  the  middle  of  the  main  channel  thereof  to  the  place  of  begin- 
ning." 

Which  said  boundaries  have  been  ratified  by  and  incorporated  into 
the  Constitution  of  this  State. 

And  whereas  by  an  act  of  the  General  Assembly  of  the  State  of 
Missouri,  entitled  "an  act  defining  the  northern  boundary  line  of  the 
State,"  approved  February  16,  1837,  it  is  enacted  as  follows: 

1st.  "The  line  as  run  and  marked  out  by  the  commissioners  ap- 
pointed by  this  State,  from  the  rapids  of  the  river  Des  Moines  to  the 
Missouri  river,  in  the  year  1837,  be  and  the  same  is  hereby  declared 
the  northern  line  of  this  State. 

2.  This  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage." 

Which  line  mentioned  in  the  first  section,  as  appears  from  the 
report  of  said  commissioners,  filed  among  the  archives  of  this  State 
commencing  at  the  Rapids  of  the  Des  Moines,  on -the  parallel  of 
north  latitude  40  deg.  40  min.  06  sec.  runs  with  said  parallel  west- 
wardly  until  it  strikes  the  Missouri  river, 

Now,  THEREFORE,  I,  LILBURN  W.  BOGGS,  Governor  of  the  State  of 
Missouri,  by  virtue  of  the  authority  with  which  I  am  invested  by  the 
constitution  and  laws  of  this  state,  and  in  fulfilment  of  the  obliga- 


GOVERNOR  ROBERT  LUCAS          127 

tion  thereby  imposed  on  me  "to  take  care  that  the  laws  be  dis- 
tributed and  faithfully  executed  throughout  the  State,"  do  hereby 
order  and  command  the  officers,  civil  and  military,  of  the  counties  of 
this  state,  adjoining  the  northern  boundary  as  the  same  has  been 
declared  and  established  by  the  Legislature  of  Missouri,  that  they 
may  cause  the  laws  of  this  State  to  be  observed  and  faithfully  exe- 
cuted within  the  limits  of  their  respective  counties,  and  that  if  they 
are  prevented  or  obstructed  in  the  execution  of  any  process,  or  the 
exercise  of  any  official  function  by  persons  who  claim  not  to  be  citi- 
zens of  this  State,  and  deny  its  jurisdiction  and  authority  within  the 
limits  aforesaid,  that  they  call  to  their  aid  the  power  of  the  county 
within  which  they  are  authorized  to  act;  and  if  said  obstruction 
arises  from  any  unlawful  assemblage  of  three  or  more  such  persons, 
that  they  report  the  fact  to  some  judge  or  justice  of  the  peace  of  this 
State  in  order  that  a  proclamation  may  be  issued  commanding  the 
persons  thus  assembled  to  disperse  themselves,  and  depart  peaceably 
to  their  homes — and  in  the  event  that  such  assemblage  refuses  to 
disperse  when  thus  commanded  or  are  armed,  or  make  forcible  re- 
sistance to  such  officers,  then  said  officers  are  hereby  commanded  to 
call  to  their  aid  either  the  power  of  the  county,  or  a  sufficient  number 
of  the  militia,  or  other  persons  on  arms  to  disperse  said  assembly, 
arrest  the  offenders,  and  maintain  the  authority  of  the  laws. 

And  I  do  further  direct  and  order  that  the  officers  of  the  militia  of 
the  State  of  Missouri  do  hold  themselves  and  their  respective  com- 
mands in  readiness  to  render  any  assistance  that  may  be  required  of 
them  by  the  proper  officers,  in  quelling  any  disturbance  within  the 
limits  of  this  State,  in  enforcing  the  execution  of  lawful  process,  sus- 
taining the  civil  officers  in  the  exercise  of  their  official  functions,  and 
in  fully  maintaining  the  dignity  of  this  State  and  the  supremacy  of 
its  laws. 

And  I  do  moreover  forewarn  all  persons  residing  within  the  limits 
of  the  territory  embraced  by  the  present  boundaries  of  the  State  of 
Missouri  as  they  have  been  established  by  the  laws  thereof,  from 
taking  upon  themselves  any  office  or  public  trust,  or  exercise  any 


128  MESSAGES   AND   PROCLAMATIONS   OF 

power  or  do  any  act  not  appertaining  to  such  office  or  trust  without 
a  lawful  appointment  or  deputation  therefor  from  the  proper  author- 
ities of  this  State. 

And  I  do  moreover  expressly  direct  all  officers,  civil  and  military 
of  this  state,  while  they  are  required  to  execute  fully  their  official 
duties  within  the  aforesaid  limits,  over  which  the  said  territory  of 
Iowa  claims  to  be  entitled  to  extend  its  authority,  by  virtue  of  a  pre- 
tended right,  and  the  exercise  of  an  unlawful  jurisdiction,  so  to  con- 
duct themselves  as  to  create  no  unnecessary  excitement,  and  to  use 
their  utmost  efforts,  consistent  with  the  requisitions  of  the  laws  of 
this  State,  to  suppress  any  needless  collision,  and  to  maintain  an 
amicable  feeling  with  the  citizens  of  this  State,  and  the  United  States 
residing  within  the  territory  of  Iowa,  and  in  every  respect  in  the  dis- 
charge of  their  official  functions,  to  conform  strictly  and  literally  to 
the  laws  of  this  State. 

In  thus  fulfilling  the  duty  imposed  upon  me  by  the  constitution 
and  laws  of  the  State,  which  are  so  ordered,  that  no  right  exists, 
which  enables  the  executive  to  interpose  its  power  in  order  to  arrest, 
or  even  delay  the  progress  of  the  civil  authority  until  such  time  as  the 
cause  of  the  present  difficulty  shall  be  removed,  and  that  no  alterna- 
tive is  left  but  to  carry  the  laws  of  this  State  into  full  and  complete 
execution,  I  must  at  the  same  time  express  my  sincere  regret  that  the 
peaceful  and  kind  interchange  of  friendly  feeling  between  the  citizens 
of  this  State  and  the  citizens  of  the  United  States  residing  within  the 
Territory  of  Iowa  is  likely  soon  to  be  harshly  suspended  and  that  a 
violent  severance  is  about  to  be  applied  to  this  that  should  bind  a 
people  whose  language,  habits,  pursuits  and  principles  are  the  same, 
and  whose  mutual  interest  prompts  them  to  be  neighbors  in  sentiment 
as  well  as  locality.  In  thus  declaring  my  individual  feelings  on  this 
subject,  which,  I  have  every  reason  to  believe,  are  felt  generally  by 
the  citizens  of  this  State,  I  entertain  the  hope  that  the  enlightened 
authorities  of  the  Territory  of  Iowa  will  permit  to  be  offered  no  ob- 
struction to  the  peaceable  and  quiet  administration  of  the  laws  of 
Missouri,  within  the  ceded  and  constitutional  limits  of  the  State. 


GOVERNOR  ROBERT  LUCAS          129 

IN  TESTIMONY  WHEKEOF,  I,  LILBUBN  W.  BOGGS,  Governor 
of  the  State  of  Missouri,  have  hereunto  set  my  hand,  and 
caused  to  be  affixed  the  great  seal  of  the  State  of  Missouri. 
Done  at  the  City  of  Jefferson,  in  said  State,  this  twenty- 
(L.  S.)  third  day  of  August,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  thirty-nine,  of  the  Independence  of  the 
United  States  the  sixty-fourth,  and  of  this  State  the 
twentieth. 

LILBUBN  W.  BOGGS. 
By  the  Governor: 

JAS.  L.  MINOB,  Secretary  of  State. 


PBOCXAMATION 

By  the  Governor  of  Iowa  Territory  in  Reply  to  the  Proclamation  of 
the  Governor  of  the  State  of  Missouri  of  the  28d  of  August,  1839 

See  below  for  this  Proclamation  as  issued  by  Robert  Lucas 


EXECUTIVE  DEPARTMENT  IOWA  TEEBY 
BUBLINGTON  October  3d  1839. 

Sir,  It  appears  to  be  my  misfortune  to  be  drawn  irresistibly  into  a 
controversy,  with  the  authorities  of  the  State  of  Missouri,  on  the 
subject  of  boundary.  This  controversy  has  been  forced  upon  us,  by 
the  proceedings  of  the  public  authorities  in  the  State  of  Missouri,  as 
will  be  evidenced  by  the  documents  herewith  transmitted.  Documents 
marked,  A,  &  B.,  are  copies  of  the  bill  of  the  Legislature  of  Missouri, 
on  the  subject  of  her  northern  boundary ,  C,  is  a  copy  of  a  com- 
munication from  the  County  Commissioners  of  Van  Buren  County, 
in  the  Territory  of  Iowa,  complaining  of  certain  invasions  upon  their 
right,  by  the  authorities  of  Missouri.,  D.,  is  a  copy  of  a  Proclama- 
tion issued  by  me,  on  the  receipt  of  the  communication  from  the 
Commissioners  of  Van  Buren  County,  in  this  Territory,  E,  is  a  copy 


1:50  MESSAGES   AND   PROCLAMATIONS   OF 

of  a  Proclamation  issued  by  the  Governor  of  the  State  of  Missouri, 
and,  F,  is  a  copy  of  my  replication,  to  the  Proclamation  of  the 
Governor  of  Missouri — As  this  subject  is  causing  some  excitement  in 
the  West,  I  have  thought  it  to  be  my  duty,  to  transmit  these  docu- 
ments, to  you,  for  your  information,  and  that  of  the  President  of  the 
United  States.—  They  embody  facts,  that  will  enable  you,  to  judge 
correctly,  as  to  the  true  merits  of  the  case,  and  the  position  of  the 
parties  — I  am  not  aware,  that  any  thing  has  yet  transpired,  that 
calls  for  the  interposition,  or  acts  of  the  President  in  this  matter, 
unless  he  should  deem  it,  to  be,  of  sufficient  importance,  to  be  pressed 
upon  the  consideration  of  Congress,  at  the  commencement  of  the  next 
Session.  Should  the  President,  after  an  examination  of  these  docu- 
ments, think  it  advisable  to  make  any  suggestions  to  me,  his  advice 
will  be  thoughtfully  received  and  promptly  attended  to— 
With  sincere  respt  I  am  your  obt  St 

(Sub)  ROBERT  LUCAS 

Hox.  JOHN  FORSYTH 

Secty  of  State,  U  S 


KEOSAUQUA  October  17th  1839 
To  His  Excellency  the  Governor — of  the  Territory  of  Iowa 

On  Monday  14th  Inst,  the  Sheriff  of  Clark  County  Masouria  made 
his  appearance  in  the  County  of  Van  Buren,  to  collect  taxes,  accom- 
panyed  with  two  or  three  men  within  the  County  of  Van  Buren  he 
called  on  three  or  four  of  our  citizens  for  their  tax,  and  I  have  reasons 
to  believe  that  one  or  two  of  the  last  Individuals  caled  on  last  refused 
to  pay  upon  which  the  Sheriff  said  that  he  should  sell  their  property 
to  the  amount  of  their  tax  and  further  I  am  credible  informed  that 
one  or  two  of  those  individual  last  called  upon  made  sum  threats  to 
the  said  Sheriff  in  case  he  molested  their  property, 

Also  it  is  further  reported  that  the  Sheriff  returned  to  Waterloo 
and  reported  to  the  commanding  officer.  Since  such  time  officers 
have  been  collecting  in  Waterloo  making  arrangements  to  march 


GOVERNOR  ROBERT  LUCAS         131 

there  force  of  several  hundred  men  in  on  Monday  next  for  the  pur- 
pose of  taking  Property  or  money  of  our  citizens  for  taxes 

Yours  very  respectfully 

H.  HEPPLEMAN 

in  haste  Sheriff  of  V.  B.  Co 

I.  T. 

EXECUTIVE  DEPARTMENT  IOWA  TERY 
BURLINGTON  October  19th  1839. 

Sir:  Your  letter  of  the  17th  inst.  was  handed  to  me  last  night  by 
Genl  Swazey  and  was  submited  to  the  District  Attorney  Mr  Starr, 
with  my  request  that  he  should  write  to  you  on  the  subject,  which  he 
has  done,  and  his  letter  is  herewith  transmited;  Some  weeks  since 
Genl  Gehon  the  U  S  Marshal  was  at  this  City,  and  I  suggested  to 
him,  the  importance  of  having  a  Deputy  Marshal  appointed  in  Van 
Buren  County — he  informed  me  that  he  would  appoint  you,  and  as 
Mr  Van  Allen,  the  U.  S.  District  Attorney,  was  expected  soon  to  be 
in  Van  Buren  County,  that  he  would  send  your  appointment  to  you 
by  him.  I  also  send  you  a  copy  of  my  Proclamations,  and  a  Copy  of 
the  State  laws  of  Iowa,  which  is  the  only  printed  copy  in  Burlington; 

By  a  reference  to  the  laws  defining  crimes  (See  page  142)  The  12, 
32,  33,  62,  77,  81  &  90.  Sections  will  give  you  correct  information, 
as  to  the  law  on  the  subject,  to  which  I  particularly  refer  you,  as 
well  as  to  the  laws,  quoted  in  my  first  Proclamation,  The  laws  defin- 
ing the  duties  of  Sheriffs,  and  Justices  of  the  peace,  will  be  found  in 
the  Volume  of  Iowa  laws  herewith  sent.  I  do  not  know  that'I  have 
any  special  instructions  to  give  on  this  subject,  further  than  are 
included  in  my  proclamations,  I  trust  however,  that  the  officers  of 
Iowa  Territory,  acting  as  they  do,  under  the  authority  of  the  United 
States,  will  be  as  prompt,  and  vigilant,  in  enforcing  the  laws,  and 
protecting  the  Citizens  of  the  United  States  within  this  Territory, — 
as  those  of  Missouri  possibly  can  be,  in  their  intrusion  upon  our 
rights.  I  have  transmited  copies  of  the  Missouri  laws,  the  letters 
of  the  Commissioners  of  Van  Buren  County  to  me,  my^two  proclama- 


132  MESSAGES  AND  PROCLAMATIONS   OF 

tions,  and  a  copy  of  that  of  the  Governor  of  Missouri,  to  the  Presi- 
dent of  the  United  States,  so  that  they  are  apprised  at  Washington 
of  our  positions.     Should  any  instructions  be  transmitted  to  me,  by 
the  President  on  this  subject,  they  will  be  communicated  to  you. 
With  sincere  respt  I  am  your  obt.  svt 

ROBERT  LUCAS 
HENRY  HEPPLEMAN  Esqr 
Sheriff  of  Van  Buren  County 


FARMING-TON  Oct.  24,  1839 
To  his  Excelency  Governor  of  the  Territory  of  Iowa 

By  request  of  the  citizens  of  Clark  County,  Mo. — a  delligation 
consisting  of  seven  from  Van  Buren  County  Iowa  Territory  met  a 
delligation  of  seven  from  Clark  County  met  to  deliberate  on  the  pres- 
ent difficulties  existing  between  Clark  County  Mo —  and  Van  Buren 
County  Iowa  Territory  relative  to  the  boundary  line  upon  which 
they  presented  us  with  the  enclosed  propositions  and  required  us  to 
meet  those  propositions  or  they  were  compelled  to  go  to  war  with  us 
Situated  as  we  are  at  present  I  think  that  the  Marshall's  presance  is 
required  immediately  or  for  him  to  appoint  a  deputy  as  I  think  we 
will  stand  in  need  of  the  power  of  the  Territory  imediately  on  the 
presant  occasion 

you  stated  in  your  letter  of  the  19th  Inst  that  the  marshall  had  ap- 
pointed me  deputy  Marshall  but  the  appointment  has  not  come  to 
hand  therefore  I  would  recommend  Thomas  J.  Babcoke  as  a  suitable 
person  to  the  appointment  of  Deputy  Marshall 

Very  respectfully 

in  haste  H.  HEPPLEMAN  Sheriff 

of  Van  Buren  Co.  I.  T. 
ROBERT  LUCAS 

Governor  of  Iowa  Territory 

post  script 


GOVERNOR  ROBERT  LUCAS          133 

We  will  be  under  obligations  to  you  for  an  answer  to  this  imediately, 
with  sum  instructions  Very  respectfully 

ROBERT  LUCAS  H.  HEPPLEMAN  Shff 

Governor  of  V.  B.  Co  I.  T. 

The  delegation  on  the  part  of  Clark  County  State  of  Missouri 
propose  to  the  delegation  of  Van  Buren  County  Iowa  Territory 

1st  That  it  is  the  wish  of  the  citizens  of  the  said  County  of  Clark 
that  the  most  friendly  relations  may  be  maintained  between  them  and 
the  citizens  of  Van  Buren  County  Iowa  Territory,  and  that  we  are 
willing  to  yeald  to  the  said  county  of  Van  Buren  all  that  we  claim 
for  the  county  of  Clark  untill  Congress  can  finaly  settle,  the  diffi- 
culty as  relates  to  the  boundary  now  in  dispute  between  Said  State 
and  Territory — 

2d  That  the  civil  officers  of  Said  State  and  Territory  be  and  they 
are  hereby  permitted  to  Exercise  Concurrent  jurisdiction  over  the 
ground  now  in  dispute  between  Said  State  and  Territory,  untill  the 
final  decission  and  Settlement  of  their  boundary  by  Congress,  and 
that  the  officers  each  desist  from  interfering  with  the  discharge  of 
the  official  duties  of  the  other,  which  may  be  Exercised  upon  Said 
disputed  ground — 

3  That  the  Counties  of  Clark  and  Van  Buren  be  required,  Each 
to  pledge  their  honor  and  obligation  to  the  other  that  so  far  as  the 
boundary  shall  be  decided  against  either  of  them,  each  will  refund  to 
the  other  all  taxes  and  revenues  after  the  present  levy  collected  from 
the  citizens  residing  on  said  disputed  ground  who  may  not  fall  within 
their  proper  limits 

4th  That  the  State  of  Missouri  and  Territory  of  Iowa,  be  required 
to  suspend  all  military  opperations  on  Said  disputed  ground  untill 
the  final  action  of  Congress  can  be  had  on  the  question  in  dispute 
between  Said  State  and  Territory. 

5th  That  the  delegation  both  on  the  part  of  the  Said  County  of 
Clark  and  State  of  Missouri  and  the  County  of  Van  Buren  and  Ter- 
ritory of  Iowa,  recommend  to  the  chief  Magistrates  of  both  State  and 
Territory  a  suspension  of  all  hostilities,  and  that  the  most  friendly 


134  MESSAGES   AND   PROCLAMATIONS   OF 

relations  between  the  citizens  of  Said  State  and  Territory  be  recom- 
mended and  maintained  untill  the  final  action  of  Congress  can  be  had 
on  the  Subject  of  the  disputed  boundary  between  Said  State  and 
Territory 

If  the  same  be  consistent  with  the  dignity  and  honor  of  Said  State 
and  Territory. 

6th  That  the  Sheriff  of  Van  Buren  County  be  permitted  to  collect 
the  residue  of  the  taxes  levied  by  Said  County  on  the  disputed  Terri- 
tory and  that  the  Said  Sheriff  of  Van  Buren  County  be  required  to 
deposit  one  half  of  the  whole  amount  so  levied  and  collected  in  the 
hands  of  the  county  court  of  Clark,  the  other  moiety  to  remain  in 
the  hands  of  the  authorities  of  Van  Buren  County  and  Each  be 
required  to  Execute  to  the  other  a  bond  with  security  that  all  Such 
deposits  shall  be  paid  over  to  the  party  in  whose  favor  the  question 

of  boundary  be  decided. 

JOHN  TAYLOR   Chairman 

CHANCEY  DURKEK 
DAVID  HAY 

CHARLES  COOLEDGE  Sec  O.  H.  ALLEN 

A.  WAYLAND 
JOSEPH  McCoY 
FRANKLIN  LEVERING 

The  deligation  on  the  part  of  Van  Buren  County  Iowa  Territory 
object  to  the  second  proposition  submited  to  them  by  the  deligation 
from  Clark  County  Mo —  because  we  do  not  feel  authorized  or  will- 
ing to  sanction  a  concurrent  jurisdiction  to  any  other  government 
over  any  part  of  the  Territory  recognized  by  General  Government  as 
being  within  the  organized  limits  of  the  Territory  of  Iowa.  But  we 
are  willing  as  it  regards  the  collection  of  the  taxes  levied  on  said  dis- 
puted ground,  that  all  operations,  in  relation  thereto  be  suspended, 
by  both  parties  untill  the  first  Monday  March  next  should  Congress 
not  sooner  decide  the  question.  But  in  no  wise  can  we  sanction 
either  a  concurrent  or  absolute  jurisdiction  to  be  exercised  over  any 
part  of  said  disputed  ground  untill  the  question  of  boundary  is  finally 


GOVERNOR  ROBERT  LUCAS         135 

settled  then  should  the  disputed  ground  be  ceded  to  the  State  of  Mo — 
we  are  willing  that  the  authorities  of  Mo —  shall  collect  the  Taxes 
now  levied  and  exercise  unconditional  jurisdiction  over  said  disputed 
Territory  JOSEPH  DAVIDSON 

JAMES  HALL 

Secretary. 
Copyed  and  forwarded  By  H.  HEPPLEMAN 

Sheriff  of  Van  Buren 

County  Iowa  Territory 

In  response  to  the  rejection  of  our  2d  proposition  by  the  Delega- 
tion of  Van  Buren  County  we  Say  that  we  feel  unauthorised  to  yeald 
jurisdiction  to  the  Territory  as  the  Constitution  and  Laws  of  our 
State  give  the  right  to  us  and  that  we  previously  to  the  organization 
of  Iowa  Territory  Exercised  jurisdiction  as  the  records  of  our  county 
officers  will  show,  and  that  we  hold  that  said  jurisdiction  should 

never  have  been  wrested  from  us 

JOHN  TAYLOR  Chairman 

O.  H.  ALLEST 
A.  WAYLAND 

A  true  Copy  CHANCEY  DURKEB 

CHARLES  COOLEDGE  Sec.  FRANKLIN  LEVERING 

JOSEPH  McCoY 
DAVID  HAY 


EXECUTIVE  DEPARTMENT  IOWA  TERRTY 
BURLINGTON  October  26th  1839. 

Sir,  I  received  your  letter  by  Mr.  Babcocke,  and  its  enclosures. 
It  appears  by  the  documents  enclosed,  that  the  authorities  of  Mis- 
souri, are  determined  to  provoke  by  their  arrogance,  the  citizens  of 
Iowa,  into  a  collision  with  them.  There  is  no  authority  in  this  Ter- 
ritory, that  can  compromise  the  jurisdiction  of  the  United  States,  or 
suspend  the  operation  of  the  laws — Myself,  Judge  Mason,  and  Judge 
Williams,  who  was  at  this  place,  signed  a  joint  letter,  addressed  to 


136  MESSAGES   AND   PROCLAMATIONS   OF 

the  Marshal  of  the  U.  S.  informing  him,  of  the  situation  of  affairs, 
advising  him  that  his  presence,  on  the  borders,  was  necessary,  and 
requested  his  prompt  attention  to  the  subject — This  letter  was  dis- 
patched to  the  Marshal  by  express.  When  he  arrives,  he  will  of 
course,  controll  the  proceedings.  In  the  meantime,  I  have  no  further 
instructions  to  give,  than  were  contained  in  my  proclamations. 

I  have  forwarded  to  Genl  Swazey,  several  blank  Military  Com- 
missions, to  fill  up,  should  he  find  it  necessary.  I  fully  appreciate 
your  situation,  and  the  responsibility  that  rests  upon  you  in  the 
present  occasion.  Should  Genl  Gehon  arrive,  it  will  measurably 
relieve  you  of  a  considerable  portion,  of  the  responsibility  that  now 
rests  upon  you. 

With  a  full  confidence  that  you  will  discharge  your  duty  with 
facility,  I  remain 

Your  sincere  friend,  and  obt  st 

ROBERT  LUCAS 
HENRY  HEPPLEMAN  Esq 

Sheriff  of  Van  Buren  Co. 


EXECUTIVE  DEPARTMENT  IOWA  TERRY 
BURLINGTON  October  29th  1839 
Genl  V.  P.   Vanantwerp  Adjutant  General  of  Iowa  Militia. 

Sir,  You  are  required  to  repair  to  the  southern  boundary  of  the 
Territory  of  Iowa,  within  the  County  of  Van  Buren,  and  aid  by  your 
Council  and  advice,  the  authorities  of  that  County,  in  preserving 
public  order,  within  the  bounds  of  this  Territory.  You  will  advise 
our  Citizens  to  be  circumspect  in  all  their  acts,  and  to  act  in  strict 
subordination  to  the  civil  authority, — Should  the  laws  of  the  Terri- 
tory, or  those  of  the  United  States,  be  violated  within  this  Territory; 
That  all  due  diligence  be  used,  to  arrest  the  offenders,  and  cause  them 
to  be  brought  before  the  proper  judicial  tribunals  to  be  dealt  with 
according  to  law.  But  should  the  Territory  of  the  United  States  be 
invaded  by  an  armed  force  of  a  character  too  powerful  to  be  resisted 


GOVERNOR  ROBERT  LUCAS          137 

by  the  ordinary  civil  authority,  that  evidence  of  the  facts  be  taken  in 
writing  and  reported  to  this  department,  to  be  transmited  to  the  Pres- 
ident of  the  United  States  for  his  interposition  and  instructions. — 
The  whole  subject  is  submited  to  your  discretion  under  a  confident 
belief  that  you  will  give  such  advice,  and  adopt  such  measures,  as  are 
best  calculated  to  preserve  order,  protect  the  rights  of  the  citizens, 
and  maintain  the  supremacy  of  the  laws  of  the  United  States,  within 
the  Territory  of  Iowa.  Vy  respectfully 

Your  obt  svt 

ROBERT  LUCAS 


At  a  meeting  of  the  citizens  of  Van  Buren  Co  held  at  Keosauqua 
on  the  30th  day  of  October  AD  1839  agreeably  to  previous  notice 
Major  Henry  King  was  chosen  chairman  and  Frye  B.  Hazleton  ap- 
pointed Secretary. 

The  object  of  the  meeting  was  explained  by  James  Hall  and  by 
reading  the  proposition  of  the  Delagation  from  Clark  County  Mis- 
souri at  a  meeting  held  on  Indian  Creek  in  Van  Buren  Co  by  the 
Delegates  from  Clark  &  Van  Buren  Counties  October  24th  1839,  and 
the  Reply  of  the  Delegation  from  Van  Buren  County  and  the  Re- 
sponse to  said  reply  by  the  Delegation  from  Clark  Co  Mo — 

On  motion  of  Ephriam  McBride  Esq  Resolved  that  Abner  Knee- 
land  be  requested  to  express  his  views  on  the  subject  now  before  the 
meeting  which  was  adopted,  whereupon  Mr  Kneeland  rose  and  ex- 
pressed himself  fully  in  favor  of  the  proceedings  and  sentiments  of 
the  Delegation  to  Clark  Co  and  that  he  cordially  and  heartily  sus- 
tained the  people  of  this  county  in  defence  of  their  rights  in  resisting 
the  encroachments  of  Missouri  upon  our  Territory 

On  motion  of  Isaac  N  Lewis  Esq  Resolved  that  the  meeting  concur 
in  the  sentiments  expressed  by  Mr  Kneeland  which  was  unanimously 
adopted 

On  motion  of  J  Knight  Esq  it  was  resolved  that  this  meeting  ex- 
press their  approbation  of  the  Delegation  of  this  County  in  not  sub- 
mitting to  the  proposition  of  the  Delegation  from  Clark  Co  Mo  — 


138  MESSAGES   AND   PROCLAMATIONS   OF 

On  motion  of  Capt  James  Hall  it  was  Resolved  that  Capt  Isaac  N 
Lewis  and  Abner  Kneeland  be  appointed  as  Messengers  from  this 
county  to  bear  the  sentiments  of  this  meeting  to  Clark  Co  Mo.  at 
Waterloo  on  Friday  next. 

On  motion  of  J  Knight  Esq  Resolved  that  a  spirited  resolution  be 
adopted  embodying  the  sentiments  of  this  meeting  to  convey  to  Clark 
Co  Mo  on  Friday  next 

On  motion  of  Gen  Davidson  Resolved  that  James  Hall  and  Abner 
Kneeland  be  appointed  a  committee  to  draft  said  resolution  —  where- 
upon the  committee  retired  and  reported  the  following  resolution 
which  was  unanimously  adopted. 

Resolved — That  we  do  fully  approbate  the  proceedings  of  the  Dele- 
gation sent  from  this  county  who  met  a  like  delegation  from  Clark 
County  Mo  on  the  24th  Inst  on  Indian  Creek  — 

On  motion  of  Abner  Kneeland  Resolved  that  the  proceedings  of 
this  meeting  be  signed  by  the  chairman  and  secretary  and  that  a  copy 
be  sent  to  the  Governor  of  this  Territory. 

On  motion  of  Gen  Davidson  Resolved  that  this  meeting  adjourn 
sine  die  — 

HENBY  KING 

Attest  Chairman. 

FRYE  B  HAZLETOX 

Secretary. 


At  a  meeting  of  the  citizens  of  Van  Buren  County  Iowa  Territory 
holden  in  Keosauqua  on  the  29th  of  October  1839  for  the  purpose 
taking  into  consideration  the  proceedings  of  a  meeting  of  the  dele- 
gates appointed  on  the  part  of  Clark  County  Mo  and  of  the  delegates 
on  the  part  of  Van  Buren  County  I.  T.  on  the  24th  of  Oct  1839 
The  meeting  after  due  deliberation  passed  a  resolution  approving  of 
the  rejection  of  the  delegates  on  the  part  of  Van  Buren  County  I  T 
of  a  proposition  to  them  from  the  delegates  on  the  part  of  Clark 
County  Mo  To  admit  concurrent  jurisdiction  over  the  disputed  terri- 
tory to  the  authorities  of  Missourie.  At  which  meeting  we  the 


GOVERNOR  ROBERT  LUCAS         139 

undersigned  were  appointed  messengers  to  bear  said  resolution  to  a 
committee  of  Clark  County  Mo  The  committee  after  receiving  said 
resolution  passed  resolutions  of  which  the  following  is  a  true  copy 

"  Whereas  we  a  committee  of  the  citizens  of  Clark  County  having 
been  presented  with  a  repoi't  of  a  meeting  of  the  citizens  of  Van 
Buren  County  Iowa  Territory  by  a  committee  from  that  county 
approving  of  the  action  of  a  committee  of  Van  Buren  County  had  on 
Indian  Creek  in  conference  with  the  delegation  from  Clark  County 
on  the  24th  Oct  1839  Thereby  sanctioning  the  refusal  of  that  com- 
mittee to  comply  with  the  proposition  made  by  Clark  County  There- 
fore be  it  resolved 

1st  That  we  still  adhere  to  our  rejection  of  the  proposition  made 
by  the  delegation  of  Van  Buren  County  on  the  24th  Oct  1839 

2d  That  we  recommend  to  the  authorities  of  Clark  County  to 
proceed  immediately  to  the  collection  of  the  taxes  levied  by  said 
county  on  the  disputed  territory  and  to  exercise  the  unlimited  juris- 
diction that  the  constitution  and  laws  of  our  state  guarantees  to  us. 
Done  at  Waterloo  the  1st  day  November  1839 

Signed  THOMAS  RUTHERFORD 

CHARLES  COOLEDGE  JOSEPH  McCoy 

Secretary  ABRAHAM  WAYLAND 

FRANKLIN  LEVERING 
MAY  JOHNSON 
JOHN  TAYLER 

With  respect  to  immediate  hostilities  we  were  informed  by  a  Gen- 
tleman to  be  relied  upon  that  three  divisions  of  troops  were  ordered 
out  we  were  also  (informed  by  Judge  Tayler  of  Clark  County  that 
the  Sheriff  of  Clark  County  Mo  on  Tuesday  next  would  attempt  to 
collect  taxes  in  the  disputed  territory  alone  and  that  the  marching  of 
an  armed  force  into  our  territory  will  depend  upon  the  report  that 
the  Sheriff  makes  after  his  attempt  to  collect  taxes  on  Tuesday  This 
2nd  day  of  Nov  1839  ABNER  KNEELAND 

ISAAC  N.  LEWIS 


140  MESSAGES  AND   PROCLAMATIONS   OF 

I  was  in  Waterloo  on  the  1st  and  2d  of  Nov  and  saw  an  order 
from  Gov  Boggs  to  General  Wellack  to  raise  three  divisions  of 
troops  for  the  purpose  of  assisting  the  Sheriff  of  Clark  County  Mo 
to  collect  the  taxes  on  the  disputed  territory  and  to  take  command  of 

said  divisions  this  3d  day  of  Nov  1839. 

JOSEPH  DAVIDSON 

We  were  told  while  at  Waterloo  that  they  did  not  regard  the  taxes 
as  amounting  to  any  thing  that  citizens  of  Clark  County  had  offered 
to  pay  the  taxes  on  the  disputed  Territory  but  they  wanted  concur- 
rent jurisdiction  This  3d  day  of  Nov  183^ 

ABNER  KNKELAND 

ISAAC  N  LEWIS 


SPECIAL  SESSION  MESSAGE 

» 

JULY  14,  1840 
From  the  Journal  of  the  Council,  p.  9 


To  the  Honorable  Council  and  House  of  Representatives  of 

the  Legislative  Assembly: 

Gentlemen: — Having  convened  in  pursuance  of  a  special 
legislative  act,  of  the  15th  of  January  last,  I  conceive  it  to 
be  my  duty  to  lay  before  you  such  information,  and  to  sug- 
gest for  your  consideration  such  subjects  as  may  be  required 
by  the  public  interests,  to  occupy  your  attention  during 
your  session. 

By  the  5th  section  of  "An  Act  to  provide  for  the  erec- 
tion of  a  penitentiary,  establish  and  regulate  prison  disci- 
pline for  the  same" — Approved  January  25,  1839 — it  was 
made  the  duty  of  the  Governor  to  draw  from  the  Treasury 
of  the  United  States,  the  sum  of  twenty  thousand  dollars 
appropriated  for  the  erection  of  public  buildings  in  the  Ter- 
ritory of  Iowa,  by  an  Act  of  Congress,  approved  July  7, 
1838,  and  to  pay  the  same  over  to  the  superintendent,  to  be 
used  by  him  for  the  purchase  of  materials  and  pay  of  work- 
men and  labor  necessary  to  erect  said  buildings.  • 

The  whole  of  this  appropriation  has  been  drawn  for  on 
estimates  furnished  by  the  superintendent,  approved  by  the 
directors;  and  I  presume  it  has  been  judiciously  expended 
by  them.  I  have  not  been  officially  informed  as  to  the  con- 
dition of  the  work  or  the  situation  of  the  convicts  that  have 


U->  MESSAGES   AND    PROCLAMATIONS   OF 

been  sentenced  to  the  penitentiary;  but  presume  that  the 
directors  will  lay  the  whole  facts  specially  before  you  during 
your  session;  which  in  all  probability,  will  require  some 
immediate  legislative  action.  I  therefore  respectfully  invite 
your  attention  to  this  subject. 

By  the  4th  section  of  the  "Act  supplementary  to  an  Act 
to  locate  the  seat  of  government  of  the  Territory  of  Iowa, 
and  for  other  purposes,"  approved  21st  of  January,  1839, 
it  was  made  the  duty  of  the  Governor  to  draw  from  the 
treasury  of  the  United  States  the  sum  of  twenty  thousand 
dollars,  appropriated  by  Congress  in  the  thirteenth  section 
of  the  Organic  Law,  approved  June  12,  1838,  to  be  applied 
by  the  Governor  and  Legislative  Assembly  to  defray  the 
expenses  of  erecting  public  buildings  at  the  seat  of  govern- 
ment. 

On  an  estimate  furnished  by  the  Commissioners  of  Public 
Buildings,  dated  March  16,  1840,  a  requisition  was  made 
on  the  treasury  of  the  United  States  for  the  sum  of  fourteen 
thousand  six  hundred  and  forty  dollars,  which  sum  was 
received  in  a  draft  on  the  receiver  of  the  public  moneys  at 
this  place,  imade  payable  to  my  order.  On  the  receipt  of 
this  draft,  I  indorsed  it  to  Thornton  Bayless,  the  Treasurer 
of  the  Territory,  who  drew  the  money  from  the  receiver 
and  paid  it  over  to  the  acting  Commissioner  of  Public 
Buildings  on  proper  vouchers  produced  by  him. 

On  the  8th  of  June  last,  an  estimate  was  forwarded  me, 
by  the  commissioner,  for  the  sum  of  five  thousand  three 
hundred  and  sixty  dollars,  being  the  balance  of  the  appro- 
priation of  twenty  thousand  dollars.  This  estimate  was 
immediately  forwarded  to  the  Secretary  of  the  Treasury  of 


GOVERNOR  ROBERT  LUCAS          143 

the  United  States,  with  a  requisition  for  a  draft  on  the  State 
Bank  of  Missouri  or  the  receiver  of  public  moneys  at  this 
place.  The  draft  on  this  last  requisition  has  not  yet  been 
received.  When  received  it  will  be  immediately  placed  in 
the  hands  of  the  Treasurer  of  the  Territory  to  be  paid  over 
to  the  acting  Commissioner  of  Public  Buildings  on  the  pro- 
duction of  proper  vouchers  by  him.  Thus  the  whole  of  the 
funds  appropriated  by  Congress  for  the  erection  of  public 
buildings  in  this  territory,  amounting  to  forty  thousand 
dollars,  have  been  drawn  for. 

The  appropriation  of  twenty  thousand  dollars,  that  has 
been  applied  to  the  erection  of  public  buildings  at  the  seat  of 
government,  with  the  aid  of  the  funds  that  may  be  obtained 
from  the  sale  of  lots  in  the  city  of  IowTa,  if  judiciously  man- 
aged, will  in  my  opinion  be  amply  sufficient  to  complete  the 
public  buildings  in  accordance  with  the  plan  adopted  by  the 
Commissioners  and  leave  a  surplus  to  be  applied  to  other 
public  improvements.  But,  to  avail  ourselves  of  all  the  ad- 
vantages to  be  derived  from  the  sale  of  lots  in  the  city  plat, 
it  appears  to  me  that  the  laws  that  relate  to  the  sale  of  said 
lots  should  be  revised.  I  therefore,  respectfully  suggest,  to 
the  consideration  of  the  Legislative  Assembly  the  passage 
of  a  law  fixing  an  average  minimum  price  upon  the  lots,  say 
from  two  to  three  hundred  dollars  per  lot;  and  to  authorize 
the  Commissioners  to  apportion  the  aggregate  sum  of  the 
whole  number  of  lots  by  fixing  upon  each  lot,  a  specified 
price — grading  the  same  in  proportion  to  the  relative  and 
real  value  of  each  individual  lot,  so  as  not  to  reduce  the  ag- 
gregate sum  of  the  whole  below  the  aggregate  minimum 
price  fixed  in  the  law.  After  having  the  lots  thus  valued, 


144  MESSAGES   AND   PROCLAMATIONS   OF 

I  would  suggest  the  propriety  of  authorizing  a  public  sale 
when  there  might  be  a  fair  competition  among  purchasers, 
and  after  such  sale  to  authorize  the  acting  Commissioner  to 
sell  at  private  sale,  under  proper  regulations,  all  lots,  at  the 
fixed  price,  that  might  not  have  been  sold  at  the  public  sale. 
This  method  would,  in  my  opinion,  be  an  accommodation  to 
individuals  who  might  wish  to  procure  lots  for  improvement. 
It  would  guard  against  individual  speculation,  and  secure  to 
the  Territory  all  the  benefit  resulting  from  the  public  ex- 
penditures in  the  city. 

I  would  also  respectfully  suggest  to  the  consideration  of 
the  Legislative  Assembly  a  revision  of  the  laws  that  relate 
to  the  execution  of  title-deeds  to  lots  in  Iowa  City.  It 
seems  to  me  the  more  convenient  method  would  be  to  require 
the  certificate  of  final  payment,  signed  by  the  acting  Com- 
missioner, to  be  filed  in  the  office  of  the  Secretary  of  the 
Territory,  and  that  on  such  certificate  being  filed  the  Secre- 
tary of  the  Territory  should  make  out  a  deed  under  the  seal 
of  the  Territory,  to  be  signed  by  the  executive  and  counter- 
signed by  the  Secretary,  and  that  the  original  certificate 
should  be  filed  in  the  Secretary's  office,  and  a  record  of  all 
deeds  of  conveyance  kept  therein. 

On  a  visit  to  Iowa  City  on  the  4th  instant,  I  was  gratified 
to  see  the  extensive  improvements  that  have  been  made  in 
that  place  within  the  last  year.  The  basement  story  of  the 
capitol  is  nearly  completed,  and  in  justice  to  the  acting  Com- 
missioner, as  well  as  the  gentlemen  who  performed  the  work, 
I  must  say  that,  so  far  as  the  work  had  progressed,  it  was 
done  in  the  most  substantial  and  workmanlike  manner;  but 
I  learn  that,  owing  to  the  difficulty  in  procuring  stone  of 


GOVERNOR  ROBERT  LUCAS         145 

sufficient  size  for  cutting,  it  has  been  thought  advisable  by 
the  Commissioners  to  change  the  plan  first  contemplated  of 
building  the  house  of  cut  stone,  and  they  have  adopted 
another  plan  that  will  be  less  expensive,  more  expeditious, 
and  of  equal  utility,  the  particulars  of  which  will  be  ex- 
plained to  you  in  detail  by  the  Commissioners  in  their  re- 
port, that  will  be  by  them  submitted  to  you. 

I  perceive,  by  the  journals  of  Congress,  that  a  bill  was 
reported  by  the  committee  on  territories  to  the  House  of 
Representatives,  early  in  the  session,  to  enable  the  people 
of  the  territory  of  Iowa  to  form  a  constitution  and  state 
government  and  for  the  admission  of  such  state  into  the 
Union.  This  bill  was  reported  in  connection  with  a  bill 
extending  the  same  privilege  to  the  citizens  of  Middle  and 
West  Florida.  I  have  not  yet  learned  the  fate  of  these 
bills,  but  presume  that  they  will  both  pass  together  and 
probably  the  present  session  of  Congress.  I  therefore, 
suggest  to  the  Legislative  Assembly  the  expediency  of  pro- 
viding by  law  for  taking  the  sense  of  the  people  of  this  ter- 
ritory on  the  subject  of  a  convention  at  the  ensuing  annual 
election.  It  appears  to  me  that  there  can  be  no  objection 
to  submitting  this  subject  to  the  people  for  their  considera- 
tion, as  an  expression  of  public  opinion  thereon,  through 
the  ballot-box,  would  enable  the  ensuing  Legislative  Assem- 
bly to  act  understandingly,  and  in  accordance  with  the 
expressed  will  of  the  people  on  this  important  subject. 

I  regret  that  I  have  not  been  able  to  procure  a  statement 
of  the  number  of  inhabitants  of  the  territory.  The  Marshal 
of  the  United  States  informs  me  that  the  returns  from  the 
counties  have  not  all  been  received  by  him,  but  they  may 


146  MESSAGES   AND   PROCLAMATIONS   OF 

be  expected  in  a  few  days.  As  far  as  I  have  heard  we 
have  doubtless  doubled  our  population  within  the  last  two 
years,  and  we  have  now  in  the  Territory  many  more  inhab- 
itants than  will  be  contained  in  the  official  enumeration, 
which  is  confined  to  the  first  of  June;  and,  before  the  nec- 
essary preliminary  measures  to  prepare  the  way  for  our 
admission  into  the  Union,  I  have  no  doubt  but  that  our 
population  will  be  sufficiently  numerous  to  justify  us  in 
claiming  a  rank  among  the  independent  states. 

That  harmony  may  prevail  in  your  deliberations,  and  all 
your  efforts  be  directed  to  the  promotion  of  the  public 
good,  is  the  sincere  wish  of 

Your  obedient  servant, 

ROBERT  LUCAS. 

BURLINGTON,  JULY  14,  1840. 


THIRD  ANNUAL  MESSAGE 

NOVEMBEB    3,    1840 

From  the  Journal  of  the  Council,  p.  10 


Gentlemen  of  the  Council,  and  House  of  Representatives: 

I  conceive  it  to  be  my  first  duty,  on  our  present  meeting, 
to  direct  your  attention  to  the  Providential  favors  which  our 
common  country  has  experienced  in  the  degree  of  health 
dispensed  towards  its  citizens,  and  the  unusual  abundance 
with  which  the  soil  has  rewarded  the  labor  bestowed  upon 
it.  The  unparalleled  improvements  in  our  Territory  pre- 
sent an  unerring  index  to  the  prosperity  and  happiness  of 
the  people,  which  should  excite  within  our  breasts  feelings 
of  the  most  profound  gratitude  towards  the  author  of  those 
favors  and  the  gracious  dispenser  of  all  good. 

The  excitement  produced  by  the  intrusions  upon  the  rights 
of  the  citizens  of  Iowa,  by  the  authorities  of  Missouri,  near 
the  boundary  line,  has  subsided.  The  prosecution  com- 
menced under  the  laws  of  the  Territory  against  a  Sheriff  of 
Missouri,  has  been  dismissed,  and  no  farther  attempts  have 
been  made  by  the  authorities  of  that  State  to  exercise  juris- 
diction north  of  Sullivan's  line.  The  committee  of  Con- 
gress, in  the  House  of  Representatives,  at  the  last  session, 
after  an  elaborate  examination  of  the  subject,  were  of  opin- 
ion, that  the  legitimate  boundary  line,  as  defined  in  the 
original  act  of  Congress  and  in  the  Constitution  of  the  State 
of  Missouri,  would  begin  at  the  centre  of  the  Des  Moines 


148  MESSAGES   AND   PROCLAMATIONS   OF 

rapids,  in  the  Mississippi  river,  and  run  from  thence  on  a 
parallel  of  latitude  due  west,  which  would  be  several  miles 
south  of  the  line  contended  for  by  the  authorities  of  this 
Territory.  The  committee  at  the  same  time  this  opinion 
was  expressed,  recommended  the  adoption  of  the  line  com- 
monly known  as  the  old  Indian  boundary,  or  Sullivan's  line; 
and  reported  to  the  House  of  Representatives  in  Congress  a 
bill  to  establish  that  as  the  permanent  boundary  line  of  the 
State  of  Missouri  and  the  Territory  of  Iowa.  This  report 
appeared  to  be  founded  in  equity,  This  line  had  been  gen- 
erally conceded  as  the  boundary  between  Missouri  and  this 
Territory.  It  had  divided  the  Surveyors  General  districts 
and  the  land  districts  of  the  U.  States  lands.  The  citizens 
who  purchased  land  south  of  this  line  did  so  with  the  im- 
pression that  they  were  purchasing  in  the  State  of  Missouri, 
and  those  who  purchased  north  of  it,  with  the  belief  that 
they  were  purchasing  in  the  Territory  of  Iowa.  The  pur- 
chasers of  these  lands  were  governed  in  their  purchases  by 
their  locations.  Some  preferred  being  in  Missouri  and  others 
in  the  Territory.  Were  this  line  now  altered,  it  would  be 
attended  with  great  inconvenience  to  many  citizens  on  both 
sides  of  it.  We  therefore  trust  that  the  bill,  as  reported, 
will  be  passed  by  Congress  at  the  ensuing  session,  and  that 
the  line  thus  designated  may  be  finally  established  as  the 
boundary  between  the  State  of  Missouri  and  this  Territory. 
Though  a  strictly  legal  line  might  embrace  within  this  Ter- 
ritory a  small  portion  of  the  inhabitants  south  of  this  line, 
yet  we  have  never  had  a  desire  to  embrace  within  the  limits 
of  this  Territory  any  tract  of  country  that  had  been  pur- 
chased by  individuals  at  the  land  office  in  Missouri  and  set- 


GOVERNOR  ROBERT  LUCAS          149 

tied  upon  by  them  as  being  within  that  State — and  I  trust 
that  the  same  liberal  feelings  will  be  reciprocated  by  the  in- 
habitants of  Missouri  towards  our  citizens. 

At  the  special  session  of  the  legislative  assembly,  a  me- 
morial was  passed,  memorializing  the  President  of  the  United 
States  to  cause  the  annuities  due  the  Sac  and  Fox  Indians 
to  be  paid  to  the  heads  of  families,  or  to  such  persons  as  a 
majority  of  the  nation  might  request.  The  memorial  was 
immediately  transmitted  to  Washington,  but  previous  to  its 
arrival  an  order  had  issued  from  the  Indian  Department, 
dated  18th  of  August,  1840,  directing  the  annuity  for  the 
present  year  to  be  paid  to  the  chiefs  as  heretofore.  On  the 
28th  of  September  the  Indians  were  assembled  at  the  Agency 
for  payment.  They  arrayed  themselves  into  two  parties. 
One  party  wanted  the  money  distributed  on  principles  of 
justice  and  equity  among  the  different  bands  and  to  the 
heads  of  families.  The  other  party  contended  for  its  pay- 
ment to  a  few  of  the  chiefs,  to  be  distributed  by  them  alone. 
I  was  present  on  the  occasion,  and  addressed  both  parties. 
I  advised  them  to  compromise  the  difference  among  them- 
selves— read  and  explained  to  them  the  treaties,  as  well  as 
the  intercourse  law  of  the  United  States,  and  the  regulations 
of  the  Indian  Department.  I  also  explained  to  them  the 
order  of  the  Indian  Department  of  the  18th  of  August,  and 
informed  them  that,  according  to  my  understanding  of  the 
order,  the  money  must  be  paid  to  the  same  chiefs  and  braves 
that  received  it  last  year.  I  had  the  names  of  the  chiefs 
and  braves  read  to  them,  and  advised  them  to  meet  in 
friendly  council  by  themselves  without  the  interference  of 
any  white  men,  and  to  decide  among  themselves  as  to  the  re- 


150  MESSAGES  AND   PROCLAMATIONS   OF 

ceipt  and  distribution  of  the  money — and  told  them  that 
when  they  had  agreed  among  themselves  the  money  would 
be  paid  them.  The  council  adjourned  in  the  evening,  and 
the  chiefs  and  braves  who  received  the  money  last  year  were 
expected  to  have  met  in  friendly  council  next  morning  to 
arrange  their  difficulties  and  receive  their  money.  But  some 
arrangements  appear  to  have  been  made  at  the  agency  dur- 
ing the  night,  unknown  to  me,  that  frustrated  the  council 
to  be  held  on  the  morning  of  the  29th,  and  Keokuck 
through  the  Agent,  had  advised  Maj.  Pilcher  to  leave  the 
Indian  country  with  the  money,  which  he  did  that  morning. 
This  removal  of  the  money  from  the  Indian  country  caused 
great  excitement  and  dissatisfaction  among  the  Indians. 
When  Maj.  Pilcher  left  the  agency  he  informed  me  that 
the  funds  being  in  paper,  could  be  changed  for  specie,  and 
might  be  returned  for  payment  in  about  three  weeks  there- 
after. I  informed  the  Indians  of  what  Maj.  Pilcher  had 
told  me,  which  appeared  for  the  time  present  to  reconcile 
them.  But  I  have  learned,  since  my  return  from  the  Indian 
country,  that  some  mischievous  individuals  have  been  im- 
pressing upon  the  minds  of  the  Indians  the  belief  that  the 
annuity  will  not  be  paid  until  spring.  This  was  calculated 
to  dissatisfy  them  with  the  government,  lead  to  difficulties 
among  themselves,  and  endanger  the  peace  of  our  borders. 
I  therefore,  with  a  view  to  check  these  evils,  issued  a  per- 
emptory order  to  the  Agent  of  the  15th  of  October,  direct- 
ing him  to  obtain  the  funds  that  had  been  set  apart  for  the 
payment  of  the  annuity  for  1840,  and  to  pay  it  to  the  same 
chiefs  and  braves  whose  names  were  found  to  the  receipt 
roll  of  last  year.  This  I  conceived  to  be  in  strict  accord- 


GOVERNOR  ROBERT  LUCAS         151 

ance  with  the  order  of  the  Department. — Those  chiefs  and 
braves  number  about  30,  and  are  distributed  about  equally 
among  the  different  parties;  and  should  the  money  be  paid 
to  them  in  accordance  with  my  order  to  the  Agent,  and  they 
be  left  to  dispose  of  it  among  themselves,  without  the  inter- 
ference of  any  of  the  traders,  I  have  little  doubt  but  that  it 
will  be  distributed  among  the  different  bands  justly,  and  be 
paid,  as  far  as  it  will  go,  towards  the  liquidation  of  their 
just  debt.  But  should  the  payment,  from  any  considera- 
tion, be  much  longer  delayed,  there  is  danger  that  the  ex- 
citement produced  by  its  postponement  will  burst  beyond 
the  bounds  of  restraint  and  the  Indians  commence  fighting 
among  themselves  and  thereby  endanger  the  peace  of  our 
frontier.  I  have  conceived  it  to  be  my  duty  to  present  the 
foregoing  facts  for  the  information  of  the  legislative  assem- 
bly. It  is  certainly  our  duty  to  look  to  these  things,  to  be 
watchful  of  their  operation  and  of  the  movements  of  the  In- 
dians, so  that  we  may  not  be  taken  by  surprise.  And  while 
we  make  use  of  all  the  means  under  our  control  to  sustain 
peace  and  harmony  among  our  Indian  neighbors  as  well  as 
between  them  and  our  citizens,  we  should  be  prepared  to 
meet  every  possible  contingency  that  might  endanger  the 
peace  of  our  frontier.  I  have  in  my  report  to  the  Indian 
Department,  given  a  detailed  account  of  the  situations  of 
the  Indians,  with  a  full  explanation  of  my  views  as  to  the 
cause  and  probable  issue  that  may  be  produced  by  the  ex- 
citement that  now  exists  among  them.  The  situation  of 
this  nation,  in  connection  with  the  Winnebagoes  who  have 
recently  been  removed  to  the  tract  of  country  within  this 
Territory,  known  as  the  neutral  ground,  bordering  in  part 


152  MESSAGES   AND   PROCLAMATIONS   OF 

on  our  northern  settlements,  and  partly  on  the  Sac  and  Fox 
country,  should  admonish  us  to  be  on  our  guard  and  to  de- 
pend upon  ourselves  for  defence  in  case  hostilities  should  be 
commenced  by  them.  In  consideration  of  this  state  of 
things,  I  would  respectfully  suggest  to  the  legislative  assem- 
bly the  expediency  of  authorizing  by  law,  the  organization 
of  a  number  of  mounted  volunteer  riflemen,  say  one  com- 
pany at  least  to  every  regiment  of  militia  within  the  Terri- 
tory, with  authority  for  the  commandant  of  any  brigade  to 
increase  the  number  to  a  battalion  within  his  brigade,  and  to 
provide  for  calling  them  into  service  in  case  of  Indian  depre- 
dations or  threatened  invasion.  This  precautionary  measure 
can  do  no  harm,  and  may  ultimately  secure  our  frontier  from 
an  Indian  war. 

The  Secretary  of  War  informed  me  sometime  since,  that 
the  Department  had  determined  to  establish  a  depot  of 
public  arms  and  munitions  of  war  at  Rock  Island,  to  be 
supplied  to  the  citizens  of  the  Territory  under  proper  regu- 
lations, should  the  same  be  wanted  to  enable  them  to  defend 
themselves  against  Indian  hostilities,  but  I  have  not  yet 
heard  that  any  have  been  deposited  at  that  place. 

The  votes  given  at  the  late  general  election  for  and  against 
a  State  Convention,  were  against  a  Convention  by  a  large 
majority.  The  sentiments  of  the  people  of  the  Territory 
thus  indicated  will  necessarily  preclude  all  further  legisla- 
tion on  the  subject  at  the  present  session. — The  people 
have,  by  their  votes,  expressed  their  preference  for  a  Terri- 
torial Government  for  the  time  being.  It  will  therefore 
become  your  duty  to  adopt  a  regular  financial  system  for 
the  Territory,  by  which  the  Territory  will  be  enabled  to 


GOVERNOR  ROBERT  LUCAS         153 

control  funds  sufficient  to  meet  the  necessary  expenses  inci- 
dental to  Territorial  affairs.  I  would,  therefore,  recommend 
to  the  consideration  of  the  legislative  assembly  a  review  of 
the  financial  laws  so  as  to  provide  a  revenue  sufficient  in 
amount  to  meet  the  actual  wants  of  the  government,  dis- 
tributing the  burthen  and  the  benefits  among  every  class  of 
community  upon  principles  of  exact  justice  to  all.  The 
Auditor  of  the  Territory  will  report  to  you  his  views  on 
this  subject,  to  which  I  solicit  your  respectful  attention. 

On  an  estimate  forwarded  to  the  Treasury  Department  of 
the  United  States,  by  the  Executive  of  the  Territory,  esti- 
mating the  expenses  for  the  year  1840,  there  has  been 
appropriated  for  the  pay  and  mileage  of  members  of  the 
present  legislative  assembly,  for  the  pay  of  officers,  for 
printing,  furniture,  stationery,  fuel  and  all  other  incidental 
expenses,  $27,050.  This  sum  is  deemed  sufficient  to  meet 
all  necessary  expenses. — I  would  therefore  recommend  to 
the  consideration  of  the  legislative  assembly  the  propriety 
of  confining  the  expenditures  authorized  by  them,  within 
the  appropriation.  The  Secretary  of  the  Territory  informs 
me  that  there  is  upwards  of  six  thousand  dollars  due  to 
individuals  for  furniture,  stationery,  and  services  rendered 
to  the  legislative  assembly  at  the  two  first  sessions,  and  for 
which  no  funds  have  been  provided  for  payment.  This 
deficiency  I  reported  to  the  Treasury  Department  with  my 
estimate  for  the  expenses  of  the  year  1841,  and  solicited  an 
appropriation  to  meet  it. 

This  method  of  contracting  debts  with  individuals  beyond 
the  means  of  payment,  is  practising  a  deception  upon  the 
public  creditors,  and  ought,  in  my  opinion,  to  be  carefully 
avoided. 


154  MESSAGES  AND   PROCLAMATIONS   OF 

By  reference  to  the  appropriation  bills,  it  appears  that 
there  were  allowed  to  the  clerks  and  officers  of  the  legis- 
lative assembly  at  the  two  first  sessions  the  following  sums, 
to  wit:  first  session,  to  the  clerks  and  officers  of  the  Council, 
$2,850,  and  to  the  clerks  and  officers  of  the  House  of  Rep- 
resentatives, $3,300;  second  session,  to  the  clerks  and  offi- 
cers of  the  Council,  $3,525;  and  to  the  clerks  and  officers 
of  the  House  of  Representatives,  $2,925.  These  aggregate 
sums  were  embraced  in  the  appropriation  bills,  but  there  is 
no  law  in  existence  in  the  Territory  that  defines  the  officers 
to  whom  this  money  was  paid,  or  the  compensation  allowed 
to  any  such  officers.  Until  such  a  law  shall  be  passed, 
establishing  the  number  of  officers  and  fixing  their  compen- 
sation, it  will  be  impossible  for  the  Executive  to  comply 
with  the  annual  requisition  of  the  Secretary  of  the  Treasury 
Department  in  furnishing  him  with  a  correct  estimate  of  the 
sum  necessary  to  defray  the  current  annual  expenses  of  the 
legislative  assembly  of  the  Territory.  The  States  generally 
define  by  law  the  number  of  clerks  and  officers  employed  in 
each  branch  of  the  legislative  assembly.  By  the  laws  of 
Ohio,  the  number  of  clerks  and  officers  to  each  branch,  and 
the  compensation  of  each,  are  specially  defined.  According 
to  the  laws  of  that  State,  the  compensation  of  the  clerks 
and  officers  of  both  branches  of  the  legislative  assembly, 
for  a  session  of  seventy- five  days,  would  amount  to  $1,200. 
In  this  Territory,  at  the  first  session,  it  amounted  to  $6,150, 
and  at  the  second  to  $6,450.  These  statements  are  sub- 
mitted to  the  candid  consideration  of  the  legislative  assem- 
bly, with  a  request  that  a  law  may  be  passed  to  provide  for 
organizing  the  legislative  assembly,  defining  the  number  of 


GOVERNOR  ROBERT  LUCAS          155 

officers  to  be  employed,   together  with  the  compensation 
allowed  to  each. 

In  recommending  this  measure,  I  disclaim  any  desire  on 
the  part  of  the  Executive  to  prescribe  to  the  legislature  the 
number  or  character  of  officers  to  be  employed  in  their 
respective  branches,  or  the  compensation  to  be  allowed  to 
such  officers.  The  legislature  is  the  proper  judge  in  these 
things;  and  it  is  but  fair  to  presume  that  it  will  employ 
none  but  such  as  are  necessary  to  the  convenient  despatch  of 
business,  and  that  a  compensation  adequate  to  the  services 
of  such  officers  will  be  allowed  them  respectively. 

I  am  not  aware  that  any  important  general  subject  will 
be  presented  for  legislative  action.  Your  predecessors  have 
passed  laws  embracing  all  general  subjects.  Their  recent 
enactments  would  seem  to  require  their  continuance  in  force, 
excepting  in  cases  where  they  may  have  been  found  defect- 
ive. Frequent  changes  of  general  laws  are  always  attended 
with  inconvenience  to  the  public,  and  should  be  altered  only 
with  great  caution. 

Should  any  subject  requiring  the  attention  of  the  legis- 
lative assembly  be  communicated  to  the  Executive  during 
your  session,  it  shall  be  promptly  laid  before  you;  and  you 
may  rest  assured  of  the  co-operation  of  the  Executive  in  all 
measures  that  may  be  calculated  to  secure  the  prosperity  of 
our  country  and  to  advance  the  physical,  intellectual  and 
moral  condition  of  its  inhabitants. 

That  all  your  efforts  may  harmonize  in  promoting  the 
public  good,  is  the  sincere  desire  of, 

Gentlemen,  your  very  obedient  servant, 

ROBERT  LUCAS. 

BURLINGTON,  IOWA  TERRITORY  Nov.  3d,  1840 


VETO  MESSAGES 


TO    THE   COUNCIL 

DECEMBER  19,  1838 
From  the  Journal  of  the   Council,  p.  110 


EXECUTIVE  DEPARTMENT,  IOWA  TER. 
December  19,  1838. 

To  the  Council  of  the  Legislative  Assembly: 

Gentlemen — I  have  examined  with  attention  the  act  enti- 
tled "An  act  regulating  the  intercourse  between  the  Legis- 
lative and  Executive  Departments  of  the  Territory  of  Iowa," 
and  regret  that  I  am  compelled  to  withhold  from  it  my 
assent  in  its  present  form. 

The  constitutions  of  many  of  the  States  prescribe  the  man- 
ner in  which  bills  shall  be  presented  to  the  Executive,  and 
point  out  the  time  and  manner  of  their  return  to  the  Legis- 
lature if  objected  to  by  the  Executive.  The  Organic  Law 
of  Iowa  Territory,  is  entirely  silent  on  this  subject,  but  de- 
clares, that  the  Governor  "shall  approve  all  laws  passed  by 
the  Legislative  Assembly  before  they  shall  take  effect, "  leav- 
ing the  whole  subject  entirely  to  the  discretion  of  the  Ex- 
ecutive. 

Believing  that  a  law  regulating  the  intercourse  between 
the  Legislative  and  Executive  branches  of  Government,  that 
would  not  interfere  with  the  prerogative  of  either,  would  be 
of  mutual  advantage  as  a  rule  of  action  to  both.  With  this 
view  I  conferred  with  the  committee  appointed  by  the  Coun- 


GOVERNOR  ROBERT  LUCAS          157 

cil  for  the  purpose,  and  consented  to  the  details  of  a  bill  that 
was  reported  to  the  Council  by  that  committee.  In  compar- 
ing the  bill  submitted  for  my  consideration,  with  the  one 
originally  reported  by  the  committee,  I  find  that  the  section 
that  was  inserted  with  a  view  to  keep  up  a  mutual  confer- 
ence, and  to  open  the  way  to  a  mutual  reconciliation  of  con- 
flicting views,  has  been  stricken  from  the  bill;  also  the  time 
within  which  the  Executive  was  required  to  return  an  act, 
etc.,  with  his  objections,  to  the  Legislative  Assembly,  has 
been  altered  from  ten  to  five  days,  with  these  alterations  I 
can  never  concur,  but  am  still  willing  to  yield  my  assent  to 
the  bill  if  passed  as  originally  reported  by  the  committee. 
Until  this  is  done  I  must  use  my  own  discretion,  under  the 
Organic  Law,  and  for  your  information  will  state  the  course 
I  intend  to  pursue. 

All  bills,  resolutions,  or  memorials,  submitted  to  me,  will 
be  carefully  examined,  and  if  approved,  will  be  signed  and 
deposited  in  the  office  of  the  Secretary  of  the  Territory.  If 
special  objections  are  found,  but  not  sufficient  to  induce  me 
to  withhold  my  assent  from  the  bill,  resolution,  or  memorial, 
a  special  note  of  explanation  will  be  endorsed  with  my  ap- 
proval. 

Bills,  resolutions,  or  memorials,  that  may  be  considered 
entirely  objectionable,  or  of  doubtful  policy,  will  be  retained 
under  advisement  or  returned  to  the  Legislative  Assembly, 
with  my  objections,  at  such  time,  and  in  such  way  and  man- 
ner as  I  may,  for  the  time  being,  deem  to  be  most  advisable. 

With  the  foregoing  observations  I  herewith  return  the 
bill  to  the  Council  without  my  assent  thereto. 

Very  respectfully,  Your  obt.  servant, 

ROBERT  LUCAS. 


158  MESSAGES   AND   PROCLAMATIONS   OF 

TO    TUP:  HOUSE   OF  REPRESENTATIVES 

DECEMBER  29,   1838 
From  the  Journal  of  the  House  of  Representatives,  p.  150 


EXECUTIVE  DEPARTMENT,  IOWA  TERRITORY, 

Dec.  29th,  1838. 

To  the  House  of  Representatives  of  the  Legislative  Assembly. 
Gentlemen — There  was  this  morning  presented  to  me  for 
my  consideration  a  resolution  in  the  following  words: 

Resolved  by  the  Council  and  House  of  Representatives  of 
the  Territory  of  Iowa,  that  Win.  B.  Conway,  Esq.,  be,  and 
he  is  hereby  appointed  "fiscal  agent"  of  the  Legislative 
Assembly,  during  its  present  session,  and  that  all  advances 
of  money  made  by  him  shall  be  refunded  to  him  out  of  such 
money  as  shall  hereafter  be  appropriated  by  Congress. 
(Signed) 

W.  H.  WALLACE,  Speaker  H.  R. 
J.  B.  BROWNE,  Pres't.  of  Council 

There  is  no  part  of  the  resolution  than  can  meet  with  my 
concurrence.  Both  the  creation  of  the  agent  and  the  power 
attempted  to  be  conferred  by  the  resolution,  I  believe  to  be 
in  contravention  of  the  organic  law. 

The  Secretary  of  the  Territory  is,  by  the  organic  law, 
created  the  disbursing  agent  of  the  appropriation  made  by 
Congress,  to  defray  the  expenses  of  the  present  legislative 
assembly,  and  this  legislative  assembly,  in  my  opinion,  has 
no  power  directly  or  indirectly,  to  control  the  application 
of  money  that  may  be  appropriated  by  Congress  to  defray 
the  expenses  of  the  next  legislative  assembly. 


GOVERNOR  ROBERT  LUCAS         159 

Under  this  impression,  I  return  the  resolution  with  my 
entire  dissent. 

Very  respectfully,  your  obedient  servant, 

KOBERT  LUCAS. 


TO    THE  HOUSE   OF  REPRESENTATIVES 

DECEMBER  31,   1838 
From  the  Journal  of  the  House  of  Representatives,  p.  154 


EXECUTIVE  OFFICE,  IOWA  TERRITORY, 
December  31st,  1838. 

To  the  House  of  Representatives  of  the  Legislative  Assembly: 
Gentlemen  —  I  herewith  return  the  bill  to  divide  the 
county  of  Henry  and  establish  the  county  of  Jefferson.  My 
objections  to  the  bill  in  its  present  form  are,  1st,  that  it 
extends  into  the  Indian  country,  2d,  that  it  divides  surveyed 
townships,  which  I  think  ought  in  all  cases  to  be  avoided. 
I  would  therefore  recommend  a  modification  of  the  bounda- 
ries so  as  to  bound  it  by  township  lines,  and  the  Indian 
boundary  line.  With  these  modifications  the  bill  will  meet 
with  my  cordial  approval. 

Very  respectfully,  your  obedient  servant, 

EGBERT  LUCAS. 


160  MESSAGES   AND   PROCLAMATIONS   OF 

TO    THE  HOUSE    OF  REPRESENTATIVES 

JANUARY  4,  1839 
From  (he  Journal  of  the  House  of  Representatives,  p.  176 


EXECUTIVE  DEPARTMENT,  IOWA  TERRITORY, 

January  4,  1839. 

To  the  House  of  Representatives  of  the  Legislative  Assembly: 
Gentlemen — There  was  presented  to  me  for  my  consider- 
ation a  resolution  in  the  following  words: 

"Resolved,  by  the  Council  and  House  of  Representatives 
of  the  Territory  of  Iowa,  That  when  an  act  is  presented  to 
the  Governor  for  his  approval,  he  shall,  within  a  reasonable 
time  thereafter,  make  known  to  the  House  in  which  said  act 
may  have  originated  of  his  approval  thereof;  or,  if  not  ap- 
proved of,  the  act  shall  be  returned,  with  his  objections 
thereto. 

(Signed)  W.  H.  WALLACE,  Speaker  H.  R. 

J.  B.  BROWNE,  Pres't.  of  Council." 

I  see  no  place  in  the  organic  law,  that  vests  the  Council 
and  House  of  Representatives  with  the  right  to  dictate  to 
the  Executive  in  the  discharge  of  his  official  duties.  I  also, 
received  another  resolution  in  the  following  words: 

"Resolved,  by  the  Council  and  House  of  Representatives 
of  the  Territory  of  Iowa,  That  the  Postmaster,  at  Daven- 
port, Scott  county,  be  and  is  hereby  authorized  to  have  the 
mail  from  Davenport  to  Du  Buque  conveyed  in  two  horse 
post  coaches,  twice  a  week  during  the  present  session  of  this 
legislative  Assembly,  and  that  the  Post  Master  General  of 
the  United  States  be  memorialized  by  the  legislative  assem- 


GOVERNOR  ROBERT  LUCAS          161 

bly  to  allow  and  pay  the  extra  expenses  that  may  be  incur- 
red under  this  resolution. 

(Signed)  W.  H.  WALLACE,  Speaker  H.  R. 

J.  B.  BROWNE,  Pres't.  of  Council." 

In  this  resolution  the  Council  and  House  of  Representa- 
tives, have,  in  my  opinion,  assumed  powers  that  can  only  be 
exercised  by  the  Congress  of  the  United  States,  and  the 
Post  Master  General  under  the  laws  of  the  United  States. 

Both  resolutions  are  herewith  returned  without  my  ap- 
proval. Respectfully,  your  ob't.  servant, 

ROBERT  LUCAS. 


TO   THE  COUNCIL 

JANUABY  8,   1839 
From,  the  Journal  of  the  Council,  p.  150 


EXECUTIVE  DEPABTMENT,  (I.  T.,)  Jan.  8,  1839. 
To  the  Council  of  the  Legislative  Assembly: 

Gentlemen — I  have  examined  the  Bill  submitted  for  my 
consideration,  entitled  uAn  Act  to  incorporate  the  City  of 
Du  Buque, "  and  find  in  it  the  following  provisions,  to  wit: 

4th  Section,  "That  the  Mayor  of  said  city  shall  be 
elected  by  the  qualified  voters  thereof,  on  the  first  Monday 
of  March,  biennially,  and  shall  hold  his  office  for  the  term 
of  two  years,  and  until  his  successor  shall  be  chosen  and 
qualified.  And  previous  to  his  entering  on  the  duties  of 
his  office  as  Mayor,  shall  be  commissioned  by  the  Governor, 
as  a  justice  of  the  peace,"  and  in  defining  his  powers,  it  is 
declared  in  said  section,  "That  he  shall  in  his  judicial 


162  MESSAGES  AND   PROCLAMATIONS   OF 

capacity,  have  exclusive  original  jurisdiction  of  all  cases  for 
the  violation  of  the  ordinances  of  said  city,  and  criminal 
jurisdiction  in  all  cases  where,  by  the  laws  of  the  Territory, 
justices  of  the  peace,  within  the  county  of  Du  Buque,  are, 
or  shall  be,  authorized  to  hear  and  determine,  or  in  any 
manner  have  power  to  act,  and  for  the  due  and  efficient 
exercise  of  the  power  herein  and  hereby  vested  in  him,  he 
shall  have  power,  and  it  shall  be  lawful  for  him  to  award 
all  such  process,  and  issue  all  such  writs  as  may  be  neces- 
sary to  enforce  the  administration  of  right  and  justice 
throughout  said  city,  and  for  the  lawful  exercise  of  his  jur- 
isdiction agreeably  to  the  usages  and  principles  of  law." 
After  defining  the  jurisdiction  of  the  Mayor  in  certain  cases, 
and  pointing  out  the  mode  of  appeals  to  the  District  Court, 
the  section  proceeds,  "And  the  said  District  Court  of  the 
county  of  Du  Buque  is  hereby  authorized,  empowered,  and 
directed,  to  take  cognizance  of,  and  hear  and  determine  all 
such  cases  as  shall  be  brought  before  them  by  appeal,  as 
aforesaid,  and  to  assess  such  fine,  and  pass  such  judgment 
against  the  defendant  or  defendants  as  shall  be  provided  by 
ordinance  of  said  city.  The  Mayor  shall,  moreover,  have 
power  to  take  and  certify  the  acknowledgments  of  all  deeds 
for  the  conveyance  or  incumbrance  of  real  or  personal 
estate,  situated  in  the  Territory  of  Iowa.  And  it  shall  be 
lawful  for  him  to  order  any  person  or  persons,  brought 
before  him  charged  with  the  commission  of  any  criminal 
offence,  in  any  State  or  Territory  of  the  United  States, 
upon  proof  by  him  adjudged  sufficient,  to  direct  such 
accused  person  or  persons  to  be  delivered  to  the  Governor 
of  this  Territory  (or  State,  as  the  case  may  be)  who  shall 


GOVERNOR  ROBERT  LUCAS          163 

cause  such  person  or  persons  to  be  conveyed  to  the  proper 
jurisdiction  for  trial." 

I  will  make  no  comments  on  the  foregoing,  further  than 
to  call  your  attention  to  the  subjoined  extracts  from  the 
organic  law,  relative  to  the  judicial  powers  of  the  Territory, 
the  appointment  of  justices  of  the  peace,  and  other  officers, 
and  the  act  of  Congress  relative  to  fugitives  from  justice, 
and  solicit  a  careful  examination  and  comparison  of  them; 
and  will  ask  the  Council,  whether,  after  such  examination 
and  comparison,  they  can,  by  any  rules  of  construction,  be 
reconciled. 

The  7th  section  of  the  Organic  Law  declares,  that  "the 
Governor  shall  nominate,  and  by  and  with  the  advice  and 
consent  of  the  Legislative  Council,  shall  appoint,  all  judicial 
officers,  justices  of  the  peace,  sheriffs,  and  all  militia  officers, 
except  those  of  the  staff,  and  all  civil  officers  not  herein  pro- 
vided for." 

The  9th  section  of  the  Organic  Law  declares,  that  "the 
judicial  power  of  said  Territory  shall  be  vested  in  a  Supreme 
Court,  District  Courts,  Probate  Courts,  and  in  Justices  of 
the  Peace."  Here  ends  the  judicial  power  of  the  Territory. 

The  1st  section  of  the  act  of  Congress,  relative  to  fugi- 
tives from  justice,  declares,  "that  whenever  the  Executive 
authority  of  any  state  in  the  Union,  or  of  either  of  the  Ter- 
ritories northwest  or  south  of  the  river  Ohio,  shall  demand 
any  person,  as  a  fugitive  from  justice,  of  the  Executive 
authority  of  any  such  state  or  Territory  to  which  such  per- 
son shall  have  fled,  and  should  moreover  produce  the  copy 
of  an  indictment  found,  or  an  affidavit  made  before  a  magis- 
trate of  any  State  or  Territory,  as  aforesaid,  charging  the 


164  MESSAGES   AND   PROCLAMATIONS   OF 

person  so  demanded  with  having  committed  treason,  felony, 
or  other  crime,  certified  as  authentic  by  the  Governor  or 
Chief  Magistrate  of  the  State  or  Territory  from  whence  the 
person  so  charged  fled,  it  shall  be  the  duty  of  the  Executive 
authority,  of  the  State  or  Territory  to  which  the  person  so 
charged  fled,  to  cause  him  or  her  to  be  arrested,  and  secured, 
and  notice  of  the  arrest  given  to  the  Executive  authority 
making  such  demand,  or  to  the  agent  of  such  authority 
appointed  to  receive  the  fugitive,  and  to  cause  the  fugitive 
to  be  delivered  to  such  agent  when  he  shall  appear;  but  if 
no  such  agent  shall  appear  within  six  months  from  the  time 
of  the  arrest,  the  prisoner  may  be  discharged.  And  all 
costs  or  expenses  incurred  in  the  apprehending,  securing 
and  transmitting  such  fugitive  to  the  State  or  Territory 
making  such  demand,  shall  be  paid  by  such  State  or  Terri- 
tory." 

The  act  of  Congress  of  the  12th  February,  1793,  must 
control  all  proceedings  relative  to  persons  charged  with 
criminal  offences  in  any  State  or  Territory,  that  may  have 
fled  to  any  other  State  or  Territory  within  the  United 
States. 

I  will,  therefore,  in  conclusion,  solicit  the  Council  to 
examine  the  provisions  of  the  bill  herewith  returned,  as 
above  alluded  to;  and  will  ask  the  question,  can  the  manner 
pointed  out  in  the  bill  for  electing  the  Mayor,  and  requiring 
him  to  be  commissioned  by  the  Governor  as  a  Justice  of  the 
Peace,  and  the  judicial  powers  attempted  to  be  conferred 
upon  him  in  the  bill,  be  reconciled  by  comparison  with  the 
foregoing  extracts  from  the  Organic  Law?  Can  the  powers 
attempted  to  be  conferred  upon  the  Mayor  relative  to  per- 


GOVERNOR  ROBERT  LUCAS         165 

sons  charged  with  criminal  offences  in  other  States  or  Terri- 
tories,  be,   on  comparison,   reconciled  with  the  foregoing 
extracts  from  the  act  of  Congress?     I  think  not. 
Respectfully,  your  obt.  servant, 

ROBERT  LUCAS. 


TO   THE  HOUSE   Of  REPRESENTATIVES 

JANUARY  23,   1839 
From  the  Journal  of  the  House  of  Representatives,  p.  272 


EXECUTIVE  DEPARTMENT  IOWA  TERRITORY, 

January  23,  1839. 

To  tlie  House  of  Representatives  of  the  Legislative  Assembly: 
Gentlemen, — I  have  examined  the  bill  presented  for  my 
consideration  entitled  An  act  to  provide  for  the  compensa- 
tion of  the  sheriffs  of  the  different  counties  of  the  Territory 
for  ordering  elections  and  posting  up  notices. 
The  first  section  of  which  commences  as  follows: 
"Sec.  1.     Be  it  enacted  by  the  Council  and  House  of 
Representatives  of  the  Territory  of  Iowa,  that  there  shall  be 
paid  out  of  the  sum  appropriated  by  Congress  for  defraying 
the  expenses  of  the  Legislative  Assembly  of  Iowa  for  the 
year  1838— '9,"  naming  the  different  sheriffs  and  sums  re- 
spectfully allowed. 

This  bill  in  my  estimation  is  defective  and  does  not  secure 
to  the  gentlemen  therein  named  the  several  sums  therein 
allowed.  If  the  intention  of  the  bill  was  to  pay  these  allow- 
ance out  of  the  appropriation  made  by  Congress  to  defray 
the  expenses  of  the  present  Legislative  Assembly,  it  should 
have  been  so  expressed;  but  if  it  was  the  intention  to  have 


166  MESSAGES   AND   PROCLAMATIONS   OF 

them  paid  out  of  the  sum  that  may  be  appropriated  by  Con- 
gress to  defray  the  expenses  of  the  next  Legislative  Assem- 
bly, I  consider  that  the  Legislative  Assembly,  exceeded 
their  power  in  passing  it.  As  I  observed  on  a  former  occa- 
sion, I  do  not  believe  this  Legislative  Assembly  possesses 
any  power  to  control  either  directly  or  indirectly  the  appro- 
priation of  money  that  may  be  appropriated  by  Congress  to 
defray  the  expenses  of  the  Legislative  Assembly. 

If  the  principle  was  admitted  that  this  Legislative  Assem- 
bly has  the  right  to  control  the  application  of  one  dollar  of 
the  appropriation  that  may  be  made  by  Congress  to  defray 
the  expenses  of  the  next  Legislative  Assembly,  they  may 
upon  the  same  principle  expend  the  whole  and  leave  the 
next  Legislative  Assembly  without  the  means  of  defraying 
the  necessary  expenses  of  the  session.  This  would  be  so 
glaring  a  perversion  of  the  intention  of  the  act  of  Congress, 
that  I  think  the  right  to  do  so  by  this  Legislative  Assembly 
cannot  for  a  moment  be  contended  for.  I  therefore  respect- 
fully solicit  the  attention  of  the  Legislative  Assembly  to 
this  subject  and  suggest  that  a  modification  may  be  made  in 
the  bill  to  provide  for  the  payment  out  of  the  allowance  of 
the  territorial  treasury.  Or  should  Congress  in  their  liber- 
ality see  proper  to  make  an  appropriation  to  pay  the  excess 
of  expenditures  of  the  present  Legislative  Assembly  over 
the  appropriation  heretofore  made,  a  conditional  provision 
might  be  inserted  in  the  bill  to  pay  these  allowances  out  of 
such  appropriation. 

The  principles  of  the  bill,  making  the  allowance  to  the 
gentlemen  therein  named,  I  approve,  but  return  it  with  the 
foregoing  suggestion,  with  the  hope  that  it  may  be  modified 


GOVERNOR  ROBERT  LUCAS         167 

so  as  to  secure,  in  some  way,  the  payment  of  the  sum  therein 
allowed. 

Very  respectfully,  yours,  &c. 

ROBERT  LUCAS. 


TO    THE   COUNCIL 

JANTJABY  25,   1839 
From  the  Journal  of  the  Council,  p. 


EXECUTIVE  DEPARTMENT,  I.  T.  Jan.  25th,  1839. 
To  the  Hon.  Council  of  the  Legislative  Assembly: 

Gentlemen — I  have  examined  the  bill  submitted  for  my 
consideration,  (which  appears  by  endorsement  to  have  origi- 
nated in  your  house,)  entitled  "An  act  to  authorize  the 
Legislative  Assembly  to  punish  for  contempt,  and  to  privi- 
lege its  members  from  arrest." 

The  first  section  declares,  "that  each  house  of  the  Legis- 
lative Assembly  shall  have  authority  to  punish,  by  fine  and 
imprisonment,  any  person,  not  a  member,  who  shall  be 
guilty  of  any  disrespect,  by  any  disorderly  or  contemptuous 
behaviour,"  <fec.  and  subjects  the  offender  to  a  fine  of  two 
hundred  dollars,  and  forty-eight  hours  imprisonment. 

The  second  section  declares,  "that  the  members  of  the 
Council  and  House  of  Representatives,  shall  be  privileged 
from  arrest  in  all  cases  except  treason,  felony,  and  a  foeach 
of  the  peace,  during  their  attendance  at  the  sessions  of  their 
respective  houses,  and  in  going  to  and  returning  from  the 
same;  and  from  being  questioned  in  any  other  place  for  any 
speech  or  debate  in  either  house." 


168  MESSAGES   AND   PROCLAMATIONS   OF 

Inasmuch  as  no  arrest  is  allowed  by  the  laws  of  this  Ter- 
ritory on  civil  process,  I  cannot  see  the  necessity  for  this 
provision.  It  would  surely  add  but  little  to  the  dignity  of 
the  Legislative  Assembly,  to  exempt  the  members  from 
arrest,  for  offences  that  do  not  come  within  the  above  excep- 
tions— such  as  gambling,  drunkenness,  sabbath-breaking, 
profane  swearing,  and  the  various  other  vicious  practices,  in 
violation  of  municipal  laws.  My  opinion  has  always  been, 
that  those  who  make  laws,  should  be  obedient  to  them. 

I  therefore  cannot  see  the  necessity,  or  even  the  propriety, 
of  permitting  members  to  violate  them,  by  throwing  them- 
selves upon  their  privileges;  neither  do  I  think  it  would  be 
advisable  to  clothe  each  branch  of  the  Legislative  Assembly 
with  authority  to  accuse  and  judge  in  their  own  cases,  with 
power  to  fine  and  imprison  any  person,  not  a  member,  that 
they  might  think  had  treated  them  with  disrespect  or  con- 
tempt. For  surely  if  a  legislative  body,  or  any  of  its  mem- 
bers, should  be  guilty  of  conduct  that  would  render  them 
contemptible,  in  public  estimation,  it  would  be  wrong  to 
fine  and  imprison  a  citizen  for  speaking  the  truth  about 
them. 

I  cannot  approve  the  bill  with  these  provisions,  and  return 
it  accordingly. 

Very  respectfully, 

ROBERT  LUCAS. 


GOVERNOR   ROBERT   LUCAS  169 

TO    THE  HOUSE   OF  REPRESENTATIVES 

NOVEMBER  6,   1839 
From  the  Journal  of  the  House  of  Representatives,  p.  25 


EXECUTIVE  DEPARTMENT,  I.  T. 
Burlington,  Nov.  6,  1839. 

To  the  Honorable  House  of  Representatives  of  the  Legisla- 
tive Assembly: 

Gentlemen: — On  the  evening  of  the  25th  of  January  last, 
after  the  Legislative  Assembly  had  closed  its  session,  and 
many  of  the  members  left  the  city;  the  following  described 
enrolled  bills  were  presented  to  me  for  approval,  but  being 
objectionable  in  some  of  their  provisions,  the  adjournment 
of  the  Legislative  Assembly,  deprived  me  of  the  oppor- 
tunity of  making  my  objections  known  to  that  body. 

Consequently  the  bills  were  filed  in  the  Executive  office 
without  my  signature,  and  are  now  transmitted  to  the  House 
of  Eepresentatives,  the  branch  of  the  Legislative  Assembly 
in  which  they  originated,  in  order  that  such  proceedings 
may  be  had  thereon  as  may  be  deemed  advisable  by  the 
present  Legislative  Assembly. 

The  first  is  a  bill  entitled  "An  act  concerning  the  repeal 
of  statutes."  The  bill  if  it  had  been  approved,  would  have 
repealed  all  laws  of  a  general  nature  heretofore  passed  by 
the  Legislative  authorities  of  Michigan  and  Wisconsin,  and 
now  in  force  in  this  Territory,  which  would  have  left  us 
without  law  in  many  important  cases  to  wit:  The  law  regu- 
lating marriages  would  have  been  repealed  and  we  would 
have  had  no  law  in  force  in  this  Territory  on  that  as  well 
as  many  other  important  subjects.  The  second  is  a  bill 


170  MESSAGES   AND   PROCLAMATIONS   OF 

entitled  *  'An  act  to  provide  for  the  compensation  of  printers 
of  the  Legislative  Assembly  and  for  other  purposes. ' ' 

On  an  examination  of  this  act,  it  appears  to  be  a  general 
appropriation  bill,  in  which  are  contained  some  appropria- 
tions, that  in  my  opinion,  are  in  contravention  of  the  laws 
of  the  United  States,  and  consequently  could  not  receive 
the  approval  of  the  Executive. 

The  3d  section  of  the  act  of  Congress  making  appropria- 
tions for  the  civil  and  diplomatic  expenses  of  the  govern- 
ment for  the  year  1839,  declares  "That  no  officers  in  any 
branch  of  the  public  service;  or  any  other  person,  whose 
salary  or  whose  pay  or  emoluments  is  or  are  fixed  by  law  and 
regulations,  shall  receive  any  extra  allowance  or  compensa- 
tion in  any  form  whatsoever  for  the  disbursement  of  public 
money,  or  the  performance  of  any  other  service,  unless  the 
said  extra  allowance  or  compensation  be  authorized  by  law." 
The  objections  of  the  Executive  are  confined  to  such  allow- 
ances as  he  believes  to  be  in  violation  of  the  aforesaid  acts 
of  Congress.  These  suggestions  together  with  the  bills, 
are  respectfully  submitted  to  the  consideration  of  the  Legis- 
lative Assembly.  Any  special  objections  are  deemed  inad- 
visable at  this  time,  as  the  bills  will  consequently  be  acted 
upon  de  novo  by  the  Legislative  Assembly. 

Very  respectfully,  Your  ob't  servant, 

ROBERT  LUCAS. 


GOVERNOR  ROBERT  LUCAS  171 

TO   THE  HOUSE   OF  REPRESENTATIVES 

DECEMBER  16,   1839 
From  the  Journal  of  the  House  of  Representatives,  p.  110 


EXECUTIVE  DEPARTMENT,  I.  T. 
BURLINGTON,  Dec.  16,  1839. 

To  the  Honorable  the  House  of  Representatives  of  tlie  Legis- 
lative Assembly: 

Gentlemen: — On  the  13th  inst.  there  was  presented  to  me 
for  my  consideration  a  Preamble  and  Resolution,  entitled 
"  Preamble  and  Resolutions  relative  to  the  difficulty  between 
the  Territory  of  Iowa  and  the  State  of  Missouri." 

I  have  carefully  examined  this  Preamble  and  Resolutions 
and  being  unable  to  concur  with  the  Legislative  Assembly, 
I  herewith  return  them  to  the  House  of  Representatives  in 
conformity  to  amendment  of  the  organic  law,  with  my  ob- 
jections to  the  same. 

The  title  of  the  Resolutions  relates  to  the  difficulty  between 
the  Territory  of  Iowa  and  the  State  of  Missouri.  I  know  of 
no  difficulty  between  the  Territory  of  Iowa  and  the  State  of 
Missouri,  neither  can  the  Territory  of  Iowa  as  a  Territory, 
be  a  party  to  the  controversy.  The  Territorial  government 
being  entirely  under  the  control  of  the  United  States,  the 
controversy  about  the  southern  boundary  of  the  Territory 
of  Iowa,  is  between  the  State  of  Missouri  and  the  general 
government. 

I  concur  with  the  Legislative  Assembly,  in  deprecating 
any  collision  between  the  citizens  of  the  United  States  resid- 
ing in  the  Territory  of  Iowa,  and  the  citizens  of  Missouri, 
and  also  with  the  belief  that  the  most  friendly  feelings  exist 


172  MESSAGES   AND   PROCLAMATIONS   OF 

between  the  great  body  of  the  citizens  of  Missouri,  and  those 
of  the  United  States  within  this  Territory. 

I  know  of  no  act  on  the  part  of  the  citizens  or  authorities 
of  the  United  States  within  the  Territory  of  Iowa,  that  has 
in  the  least  intruded  upon  the  rights  of  the  citizens  of  Mis- 
souri. We  have  given  that  State  no  cause  of  offense,  and  I 
have  reason  to  believe  that  the  great  body  of  the  citizens  of 
the  State  of  Missouri,  are  opposed  to  the  rash  proceedings 
of  the  authorities  of  that  State  in  their  intrusion  upon  the 
citizens  of  the  United  States,  residing  within  the  organized 
limits  of  this  Territory,  and  I  am  also  of  opinion  that  the 
great  body  of  the  people  of  Iowa  Territory,  would  be  un- 
willing to  see  a  portion  of  their  fellow  citizens  residing  in 
the  southern  part  of  Van  Buren  county,  surrendered  to  the 
authority  of  Clark  county,  Missouri,  to  be  taxed,  and  har- 
rassed  by  them  at  pleasure,  I  consider  that  the  citizens  of 
Van  Buren  county  are  entitled  to  the  same  protection  that 
the  citizens  of  Lee,  Henry  or  Des  Moines  county  are — and 
I  am  not  aware  that  there  has  been  any  military  movements 
in  the  Territory  of  Iowa,  further  than  was  required  by  the 
Marshal  of  the  United  States,  to  enable  him  to  enforce  the 
laws  of  the  United  States  and  to  protect  the  citizens  of  the 
Territory  in  their  constitutional  rights. 

The  organic  law  of  the  Territory  declares  that  the  laws  of 
Wisconsin  should  be  extended  over  this  Territory,  until 
altered  or  repealed  by  the  Legislative  Assembly,  and  that 
the  laws  of  the  United  States  are  extended  over,  and  should 
be  enforced  in  this  Territory,  so  far  as  the  same  may  be  ap- 
plicable. 

The  organic  law,  in  defining  the  duties  of  the  Governor  of 


GOVERNOR  ROBERT  LUCAS         173 

the  Territory,  declares  that  "he  shall  take  care  that  the  laws 
be  faithfully  executed."  Van  Buren  county  was  organized 
under  the  laws  of  Wisconsin  Territory,  and  the  jurisdiction 
of  the  United  States  under  the  authority  of  that  Territory, 
was  exercised  to  the  Indian  boundary  line.  This  jurisdiction 
was  transferred  to  the  Territory  of  Iowa,  at  the  time  of  its 
organization,  and  has  been  exclusively  and  peaceably  exer- 
cised by  her  under  the  authority  of  the  United  States,  until 
the  recent  interruptions  from  Missouri. 

I  therefore  consider  that  we  are  bound  by  the  solemn  ob- 
ligations we  have  taken,  to  be  careful  that  the  laws  be  faith- 
fully executed  within  the  boundaries  of  the  Territory  of 
Iowa,  as  it  was  transferred  to  us  by  the  United  States  at  the 
time  of  its  organization,  and  that  there  is  no  authority  in  the 
Territory,  neither  in  the  Executive  or  Legislative  Assembly, 
that  can  in  any  way  or  manner  suspend  the  operations  of 
the  laws  of  the  United  States  within  the  boundaries  of  any 
part  of  the  Territory  of  Iowa,  or  to  compromise  or  yield  the 
jurisdiction  of  the  United  States  in  any  way  or  manner 
whatever,  to  any  part  of  the  Territory  over  which  Wisconsin 
exercised  jurisdiction  at  the  time  of  the  organization  of  Iowa 
Territory,  until  Congress  establish  a  different  line. 

I  therefore,  cannot  concur  in  any  resolution  or  act  that 
would  make  me  a  party  to  any  transaction  that  would  come 
in  conflict  with  the  solemn  obligation  I  have  taken,  to  take 
care  that  the  laws  of  the  United  States  be  faithfully  exe- 
cuted, which  would  be  the  case  if  I  submitted  to  the  require- 
ments of  the  resolutions  herewith  returned. 

For  the  information  of  the  Legislative  Assembly,  I  will 
state,  that  on  the  9th  inst.  I  despatched  a  special  messen- 


174  MESSAGES   AND   PROCLAMATIONS   OF 

ger  to  Washington  City,  and  submitted  the  whole  facts  re- 
lating to  the  controversy  between  the  State  of  Missouri  and 
the  United  States,  relative  to  the  southern  boundary  of  the 
Territory  of  Iowa,  to  the  President  of  the  United  States, 
and  solicited  his  interposition  and  instructions  on  the  sub- 
ject. So  soon  as  instructions  are  received  from  the  Presi- 
dent of  the  United  States  on  this  affair  they  will  be  promptly 
obeyed  by  the  Executive  of  the  Territory. 

Very  respectfully,  your  ob't  servant, 

ROBERT  LUCAS. 


TO    THE  HOUSE   OF  REPRESENTATIVES 

DECEMBER  19,  1839 
From  the  Journal  of  the  House  of  Representatives,  p.  117 


EXECUTIVE  DEPARTMENT,  I.  T. 
BURLINGTON,  Dec.  19,  1839. 

To  the  Honorable  the  House  of  Representatives  of  the  Legis- 
lative Assembly: 

Gentlemen — There  was  presented  to  me  for  my  consider- 
ation on  the  17th  inst.  a  bill  entitled  "An  act  to  create  the 
office  of  public  printer  and  to  define  his  duties." 

I  have  carefully  examined  this  act,  and  approve  all  its 
provisions  except  the  clause  that  provides  for  the  appoint- 
ment of  public  printer  by  joint  ballot  of  both  branches  of 
the  Legislature  of  the  Territory.  I  have  carefully  examined 
the  organic  law,  and  have  been  unable  to  reconcile  this 
mode  of  appointment  with  any  of  its  provisions.  This  law 
being  considered  as  the  constitution  of  the  Territory,  any 
appointment  made  in  contravention  of  its  provisions  would 


GOVERNOR  ROBERT  LUCAS         175 

be  subject  to  be  declared  void  by  the  district  court  on  a 
writ  of  quo  warranto,  which  might  lead  to  much  litigation 
and  embarrassment  of  the  public. 

With  these  suggestions  I  return  the  bill  without  my  sig- 
nature, and  respectfully  solicit  of  the  Legislative  Assembly 
a  calm  and  dispassionate  consideration  of  the  seventh  section 
of  the  organic  law,  relative  to  the  mode  of  appointing 
" civil  officers  not  therein  provided  for." 

Very  respectfully,  your  ob't  servant, 

ROBERT  LUCAS. 


TO  THE  LEGISLATIVE  ASSEMBLY 

DECEMBEB  20,  1839 
From  the  Journal  of  the  Souse  of  -Representatives,  p.  132 


EXECUTIVE  DEPARTMENT,  I.  T. 
BURLINGTON,  Dec.  20,  1839. 

To  the  Honorable  the  Legislative  Assembly: 

Gentlemen: — There  was  presented  to  me,  on  the  20th 
instant,  for  my  consideration  and  approval,  a  bill  entitled 
"An  act  to  provide  for  the  appointment  of  a  librarian,  and 
for  other  purposes."  I  have  carefully  examined  this  bill 
and  approve  of  it  in  all  its  provisions,  except  the  first  sec- 
tion, which  provides  for  the  appointment  of  a  librarian  by 
joint  ballot  of  the  Council  and  House  of  Representatives, 
that  being  a  mode  of  appointment  entirely  unprovided  for 
in  the  organic  law.  I  am  compelled  under  a  conscientious 
sense  of  duty,  to  withhold  from  the  bill  my  assent  on  that 
account,  and  herewith  return  it  to  the  House  of  Representa- 
tives without  my  signature.  I  have  been  informed,  that 


176  MESSAGES  AND   PROCLAMATIONS   OF 

during  the  discussion  of  this  bill  in  the  House  of  Represen- 
tatives, the  act  establishing  the  seat  of  government  of  this 
Territory,  was  referred  to  as  a  precedent  for  this  mode  of 
appointing  officers.  My  opinion  was  expressed  to  the  last 
legislative  assembly  on  this  subject,  in  communications  to 
the  House  of  Representatives  of  the  17th  and  21st  of  Janu- 
ary last,  which  will  be  found  in  the  Journals  of  that  House, 
(pages  235  and  265,)  to  which  I  respectfully  invite  the 
attention  of  the  legislative  assembly. 

The  opinion  then  expressed  is  still  entertained  by  the 
Executive,  and  however  unpleasant  it  may  be  to  differ  with 
the  legislative  assembly  in  opinion,  he  cannot  conscientiously 
yield  his  assent  to  any  bill  that  he  believes  to  be  contrary 
in  its  provisions  to  the  organic  law. 

Very  respectfully,  your  ob't  servant, 

ROBERT  LUCAS. 


TO   THE   COUNCIL 

JULY  27,  1840 
From,  the  Journal  of  the  Council,  p.  76 


EXECUTIVE  DEPARTMENT  IOWA  TEE'Y. 
BURLINGTON,  July  27,  1840. 

To  the  Honorable  Council  of  the  Legislative  Assembly: 

Gentlemen: — I  have  carefully  examined  the  bill  furnished 
me  on  the  24th  inst.  entitled  "An  Act  to  repeal  the  acts 
therein  mentioned, ' '  and  being  unable  to  approve  the  same, 
I  herewith  return  it  to  the  Council  with  my  reasons  for  dis- 
approval. 


177 

The  first  section  declares  "that  all  the  Acts  of  the  Terri- 
tory of  Michigan,  and  the  Territory  of  Wisconsin  which  are 
in  force  in  the  Territory  of  Iowa  on  the  4th  day  of  July  in 
the  year  one  thousand  eight  hundred  and  thirty  eight,  are 
hereby  repealed."  The  approval  of  this  bill  would  repeal 
some  of  the  most  important  laws  now  in  force  in  this  Terri- 
tory, particularly  the  act  of  Michigan  to  prevent  the  exer- 
cise of  foreign  jurisdiction  within  this  Territory — as  well  as 
the  Wisconsin  militia  law.  The  repeal  of  these  two  acts 
would  in  my  opinion  be  attended  with  great  inconvenience, 
and  indeed  injury.  The  repeal  of  the  first  would  subject 
our  citizens  on  the  southern  border  to  renewed  depredations 
from  the  authorities  of  Missouri  without  law  to  punish  the 
aggressors:  and  the  repeal  of  the  latter  would  disorganize 
to  a  great  extent,  the  militia  of  this  Territory:  as  the  militia 
laws  passed  by  the  Legislature  of  this  Territory  at  its  first 
session  can  be  viewed  only  as  supplement  to  the  Wisconsin 
acts  and  does  not  provide  for  a  general  organization. 

Further  I  cannot  approve  of  any  general  repealing  law 
until  we  have  a  complete  revision  of  our  laws  in  this  Terri- 
tory— no  benefit  in  my  opinion  could  result  from  such 
repeal — but  on  the  contrary,  we  might  anticipate  much 
inconvenience  from  the  want  of  laws  to  bear  on  many  im- 
portant subjects.  The  laws  of  Iowa  as  far  as  they  go  repeal 
all  of  those  of  Michigan  and  Wisconsin  that  come  in  contra- 
vention to  them. 

This  is  as  far  as  expedience  would  seem  to  justify  at  this 
time — unless  the  acts  to  be  repealed  should  be  specifically 
mentioned  by  their  titles. 

Very  respectfully  Your  obt.  servant, 

ROBERT  LUCAS. 


SPECIAL  MESSAGES 


TO    THE   COUNCIL 

NOVEMBER  16,   1838 
f  rom  the  Journal  of  the  Council,  p.  86 


EXECUTIVE  DEPARTMENT,  IOWA  TERRITORY, 
BURLINGTON,  Nov.  16,  1838. 

To  the  Honorable  the  President  of  the  Council  of  the  Legis- 
lative Assembly  of  Iowa: 

Sir — I  this  day  received  from  the  Secretary  of  the  Coun- 
cil a  communication,  containing  the  following  resolution: 

"Resolved,  That  His  Excellency  Governor  Lucas  be 
requested  to  lay  before  the  Council,  any  information  or 
instructions,  which  he  may  have  received  from  the  General 
Government,  concerning  public  expenditures,  so  far  as  they 
relate  to  defraying  the  expenses  of  the  Legislature  of  Iowa." 
In  compliance  with  the  foregoing  request,  I  will  state 
that  in  the  llth  section  of  the  Organic  Law  of  the  Territory, 
it  is  declared  that  *  'the  members  of  the  Legislative  Assembly 
shall  be  entitled  to  receive  three  dollars  each  per  day,  during 
their  attendance  at  the  session  thereof;  and  three  dollars 
for  every  twenty  miles  travel,  in  going  to  and  returning 
from  the  said  sessions,  estimated  according  to  the  nearest 
usually  travelled  route;"  and  that  "there  shall  also  be 
appropriated  annually  a  sufficient  sum,  to  be  expended  by 
the  Secretary  of  the  Territory,  and  upon  an  estimate  to 
be  made  by  the  Secretary  of  the  Treasury  of  the  United 


GOVERNOR  ROBERT  LUCAS          179 

States,  to  defray  the  expenses  of  the  Legislative  Assembly, 
the  printing  of  the  laws,  and  other  incidental  expenses." 
And  the  Secretary  of  the  Territory  is  required  annually 
to  account  to  the  Secretary  of  the  Treasury  of  the  United 
States,  for  the  manner  in  which  the  sum  appropriated  shall 
have  been  expended. 

In  compliance  with  the  foregoing  provision  of  the  Organic 
Law,  and  no  doubt  upon  the  estimate  furnished  by  the  Sec- 
retary of  the  Treasury  of  the  United  States,  as  required 
therein,  Congress  passed  an  act  on  the  7th  day  of  July, 
1838,  to  provide  for  the  support  of  the  Military  Academy 
of  the  United  States  for  the  year  1838,  and  for  other  pur- 
poses, and  inserted  in  the  5th  section  of  this  act  a  clause  in 
the  following  words:  "For  salaries  of  the  Governor,  Sec- 
retary, Chief  Judge,  Associate  Justices,  District  Attorney, 
and  Marshall,  and  pay  and  mileage  of  the  members  of  the 
Legislative  Assembly  of  the  Territory  of  Iowa  and  the 
expenses  thereof,  printing  of  the  laws,  taking  the  census, 
and  other  incidental  and  contingent  expenses  of  said  Assem- 
bly and  Territory,  twenty-four  thousand  six  hundred  and 
seventy-five  dollars." 

This  appropriation  expresses  the  object  for  which  it  was 
made,  and  is  the  only  appropriation  to  which  we  can  look 
for  funds  to  defray  the  expenses  of  the  Legislative  Assem- 
bly, as  expressed  therein,  for  the  year  1838.  You  will  find 
this  subject  referred  to  in  my  communication  of  the  12th  inst. 

On  the  10th  of  October  last,  I  received  a  letter  from  the 
Register  of  the  Treasury  of  the  United  States,  requesting 
that  an  estimate  for  expenses  of  the  Legislative  Assembly 
for  the  year  1839,  might  be  prepared  and  transmitted  to 


180  MESSAGES  AND   PROCLAMATIONS   OF 

the  Department.     A  copy  of  his  letter,  together  with  my 
answer,  is  annexed,  and  is  as  follows: 

TREASURY  DEPARTMENT,  REGISTER'S  OFFICE, 

September  5,  1838. 

Sir — I  have  the  honor  to  request,  that  the  usual  estimate 
for  expenses  of  Legislative  Assembly,  for  the  year  1839, 
may  be  prepared  and  transmitted,  for  the  purpose  of  being 
laid  (by  the  Secretary  of  the  Treasury)  before  the  Legisla- 
ture of  the  United  States  at  its  ensuing  session. 
I  have  the  honor  to  be,  Sir, 

Your  most  obt.  servt. 

(Signed)  T.  L.  SMITH,  Register. 

Governor  of  Iowa  T. 

EXECUTIVE  DEPARTMENT,  IOWA  TERRITORY, 
BURLINGTON,  Oct.  11,  1838. 

Sir — Your  letter  of  the  5th  Sept.  last,  requesting  me  to 
transmit  to  the  Treasury  Department  the  usual  estimates 
for  the  expenses  of  the  Legislative  Assembly  for  the  year 
1839,  was  received  by  last  night's  mail.  By  the  post  mark 
on  the  letter  it  appears  to  have  been  sent  to  Madison,  Wis- 
consin Territory.  The  Seat  of  Government  of  Iowa  T.  is 
for  the  present  at  Burlington,  to  which  place  I  wish  all 
communications  intended  for  the  Executive  of  the  Territory 
of  Iowa  to  be  directed.  From  some  cause  (unknown  to  me) 
there  is  an  extraordinary  delay  in  the  conveyances  of  letters 
from  the  East  to  this  Territory.  We  frequently  receive 
newspapers  before  letters  mailed  at  the  same  office  at  the 
same  time,  and  in  one  instance  we  received  a  volume  of 
Statute  Laws  two  weeks  before  we  received  the  letters  that 


GOVERNOR  ROBERT  LUCAS         181 

were  mailed  at  the  same  time  and  place,  and  were  doubtless 
intended  to  accompany  them.  This  delay  in  the  transmis- 
sion of  letters,  I  presume  must  be  owing  to  a  mis -direction 
given  to  them  at  some  of  the  distributing  post  offices.  The 
most  direct  route  from  "Washington  to  this  place  would  be 
by  Columbus,  Ohio;  Terre-Haute,  in  Indiana,  and  Peoria 
in  Illinois.  But  letters  that  come  by  St.  Louis  are 
frequently  received  sooner  than  they  are  by  any  other  route. 

As  soon  as  I  can  procure  the  necessary  information  to 
enable  me  to  make  out  a  correct  estimate  of  the  expenses  of 
the  Legislative  Assembly  for  1839,  it  shall  be  forwarded. 

The  first  Legislative  Assembly  for  this  Territory  will 
commence  in  this  place  on  the  2nd  Monday  of  November 
next. 

With  sincere  respect,  I  am  your  obt.  servt. 

(Signed)  ROBT.  LUCAS. 

THOS.  L.  SMITH,  Esq.  Register  Treasury  U.  S. 

Washington  City. 

I  have  withheld  the  estimates  required  by  the  Treasury 
Department  of  the  U.  S.,  and  shall  continue  to  do  so  until 
I  can  obtain  information  to  enable  me  to  transmit  a  satis- 
factory one;  and  to  show  therein  the  special  services  and 
purposes  for  which  appropriations  are  asked. 

This  information  cannot  be  obtained  until  the  action  of 
the  present  Legislative  Assembly  are  known.  Should  they 
agree  to  authorize  the  appointment  of  a  committee  to  pre- 
pare during  the  recess  a  complete  code  of  laws  for  the  Terri- 
tory, to  be  reported  to  the  next  session,  an  item  would  be 
included  in  the  estimate  to  defray  expenses  of  the  committee, 


182  MESSAGES   AND   PROCLAMATIONS   OF 

and  the  item  for  printing  enlarged  to  meet  the  expenses  of 
printing  an  entire  code  of  laws,  as  well  as  the  necessary 
increased  expenses  of  the  Legislative  Assembly,  estimating 
the  session  to  extend  to  the  limit  of  the  Organic  Law. 

But  should  the  Legislative  Assembly  decline  to  authorize 
the  appointment  of  a  committee  to  compile  the  laws  during 
the  recess,  the  estimates  that  I  shall  consider  it  my  duty  to 
transmit  to  the  Treasury  Department  of  the  U.  S.  will  only 
include  the  usual  necessary  expenses  of  an  ordinary  session 
of  the  Legislative  Assembly. 

Very  respectfully,  Your  obedient  servant, 

(Signed)  ROBERT  LUCAS. 


TO    THE  HOUSE   OF  REPRESENTATIVES 

JANUARY  5,  1839 
From  the  Journal  of  the  House  of  Representatives,  p.  181 


EXECUTIVE  DEPARTMENT,  IOWA  TERRITORY. 

Jan.  5th,  1839. 

To  the  House  of  Representatives  of  the  Legislative  Assembly: 
Gentlemen — There  has  been  presented  to  me  for  my  con- 
sideration, a  resolution  in  the  following  words: 

1 '  Resolved,  By  the  Council  and  House  of  Representatives 
of  the  Territory  of  Iowa,  that  his  Excellency  Governor 
Lucas,  is  hereby  respectfully  requested  to  inform  each 
House  of  the  Legislative  Assembly,  of  all  acts  by  him  ap- 
proved during  the  present  session,  and  that  he  is  further 
requested  hereafter  to  inform  the  Council  or  House  in  which 


GOVERNOR  ROBERT  LUCAS          183 

a  bill  originated  (as  the  case  may  be)  of  his  approval,  im- 
mediately after  he  has  approved  of  the  same. 

(Signed)          W.  H.  WALLACE,  Speaker  H.  K. 

J.  B.  BROWNE,  Pres't.  of  Council." 

It  would  at  all  times  do  me  a  pleasure  to  comply  with 
any  respectful  request  of  the  Council  and  House  of  Repre- 
sentatives, could  it  be  done  with  some  propriety  and  con- 
science; but  having  neither  secretary,  clerk,  messenger, 
assistant  or  other  attendant,  in  public  employ,  at  the  Execu- 
tive office,  I  have  to  depend  upon  the  voluntary  aid  of  a  few 
private  friends,  for  clerical  and  such  other  assistance  as  is 
needed  in  the  discharge  of  indispensible  duties. 

This  being  the  case,  I  must  respectfully  decline  a  compli- 
ance with  your  respectful  request,  and  most  respectfully 
invite  your  attention  to  my  communication  of  the  19th 
December  last.  By  that  communication  you  will  be  enabled 
to  perceive  that  all  bills,  resolutions,  and  memorials,  that 
are  approved  by  me,  are  immediately  deposited  with  the 
Secretary  of  the  Territory,  whose  duty  it  is  made  by  the 
organic  law  to  record  and  preserve  the  same. 

If  the  information  required  should  be  deemed  of  great 
importance  to  the  Council  and  House  of  Representatives,  by 
a  call  on  the  Secretary,  it  can  doubtless  be  obtained.  I 
have,  as  yet,  seen  no  good  reason  to  change  the  course  of 
executive  proceeding,  as  pointed  out  in  my  communication 
of  the  19th  ult.,  to  the  Council,  relative  to  bills,  resolutions, 
and  memorials,  forwarded  for  my  consideration.  And  until 
a  law  shall  be  passed  regulating  the  intercourse  between  the 
Executive  and  Legislative  departments  of  the  government, 


184  MESSAGES  AND   PROCLAMATIONS   OF 

embracing  the  principles  alluded  to  in  said  communication, 
I  shall  adhere  to  the  course  there  pointed  out. 

The  resolution  is  herewith  returned  without  my  signature. 
Respectfully,  yours, 

ROBERT  LUCAS. 


TO    THE  HOUSE   OF  REPRESENTATIVES 

JANUARY  17,   1839 
From  the  Journal  of  the  House  of  Representatives,  p.  234 


EXECUTIVE  DEPARTMENT,  IOWA  TERRITORY, 

January  17,  1839. 

To  the  Honorable  House  of  Representatives  of  the  Legisla- 
tive Assembly: 

Gentlemen — I  have  examined  the  bill  submitted  for  my 
consideration,  entitled  "An  act  to  establish  the  seat  of  gov- 
ernment of  the  Territory  of  Iowa,  and  for  other  purposes," 
and  concur  in  its  general  provisions,  particularly  those  parts 
that  establish  the  seat  of  government  in  the  central  county 
of  Johnson  and  provide  for  the  meeting  of  the  Legislative 
Assembly  at  Burlington,  until  public  buildings  are  erected 
at  the  seat  of  government  for  their  accommodation;  but  I 
find  the  bill  defective  in  its  details. 

It  authorizes  the  commissioners  therein  provided  for,  to 
enter  upon  the  United  States  land  that  is  yet  unsurveyed; 
to  lay  out  640  acres  in  town  lots,  streets  and  alleys;  to 
agree  upon  a  plan  for  the  public  buildings;  to  issue  pro- 
posals; and  immediately  thereafter  to  contract  for  erecting 
said  buildings  without  delay;  but  contains  no  provisions  to 


GOVERNOR  ROBERT  LUCAS          185 

obtain  the  consent  of  Congress  to  locate  the  seat  of  govern- 
ment on  their  lands,  or  to  obtain  a  grant  or  title  from  the 
government,  to  the  land  upon  which  the  seat  of  government 
may  be  located. 

There  is  no  provision  in  the  bill  for  the  sale  or  disposi- 
tion of  the  lots  in  the  town  directed  to  be  laid  out  at  the 
seat  of  government,  or  to  dispose  of,  in  any  way,  the  avails 
of  said  town;  notwithstanding  the  commissioners  are  directed 
to  proceed  to  erect  public  buildings. 

The  bill  declares  that  the  Governor  of  the  Territory  shall 
officiate  as  Treasurer,  and  imposes  on  him  duties,  totally 
incompatible  with  the  duties  of  the  Executive  of  the  Terri- 
tory. 

It  provides  for  the  appointment  of  commissioners  by  joint 
ballot  of  the  Council  and  House  of  Representatives,  which 
is  a  mode  of  appointment  entirely  unprovided  for  by  the 
organic  law. 

With  the  foregoing  exceptions,  I  approve  of  the  bill,  and 
am  willing  that  this  communication  may  be  considered  as 
notice  of  such  approval. 

I  shall,  however,  retain  the  bill  in  my  possession  for  the 
present,  and  should  the  Legislative  Assembly,  during  its 
present  session,  pass  an  explanatory  supplement,  remedying 
the  defects  above  alluded  to,  the  whole  subject  will  meet 
with  my  unqualified  approval. 

Respectfully,  your  ob't  servant, 

ROBERT  LUCAS. 


186  MESSAGES   AND   PROCLAMATIONS   OF 

TO    THE  HOUSE   OF  REPRESENTATIVES 

JAXUARY  21,   1839 
From  the  Journal  of  the  House  of  Representatives,  p.  265 


EXECUTIVE  DEPARTMENT,  IOWA  TERRITORY, 

January  21,  1839. 

To  the  House  of  Representatives  of  the  Legislative  Assembly: 
Gentlemen — I  have  this  day  signed  the  act  entitled  "an 
act  to  locate  the  seat  of  government  of  the  Territory  of 
Iowa,  and  for  other  purposes"-— also  the  act  entitled  "an 
act  supplementary  to  an  act  to  locate  the  seat  of  government 
of  the  Territory  of  Iowa  and  for  other  purposes,"  and  have 
deposited  both  acts  with  the  Secretary  of  the  Territory. 

In  transmitting  to  you  this  information,  I  consider  it  my 
duty  to  state  to  you,  at  the  same  time,  that  I  have  been 
unable  to  reconcile  with  the  organic  law,  the  provisions 
therein  that  relate  to  the  mode  of  appointing  commissioners, 
and  filling  these  appointments  with  members  of  the  Legis- 
lative Assembly. 

I  have  been  unable  to  discover  any  place  in  the  organic 
law  that  vests  in  the  Legislative  Assembly  the  right  to 
appoint  officers.  The  7th  section  declares  "that  all  town- 
ship and  county  officers,  except  judicial  officers,  justice  of 
the  peace,  sheriffs  and  clerks  of  courts,  shall  be  elected  by 
the  people."  Thus  securing  to  the  people,  the  right  to 
elect  all  officers,  (with  the  above  exception)  that  partake  of 
the  character  of  township  or  county  officers.  The  section 
further  proceeds  to  declare,  that  "the  Governor  shall  nomi- 
nate, and  by  and  with  the  advice  and  consent  of  the  Legis- 
lative Council,  shall  appoint  all  judicial  officers,  justice  of 


GOVERNOR  ROBERT  LUCAS          187 

the  peace,  sheriffs,  and  militia  officers,  except  the  staff,  and 
all  civil  officers  not  herein  provided  for. " 

The  8th  section  declares  "that  no  member  of  the  Legis- 
lative Assembly  shall  hold,  or  be  appointed  to,  any  office 
created,  or  the  salary  or  emoluments  of  which  shall  have 
been  increased,  whilst  he  was  a  member  during  the  time  for 
which  he  shall  have  been  elected  and  for  one  year  after  the 
expiration  of  such  term." 

If  the  commissioners  created  and  appointed  by  these  acts, 
partake  of  the  character  of  civil  officers,  both  the  mode  of 
appointment,  and  filling  these  appointments  with  members 
of  the  Legislative  Assembly,  are  in  contradiction  of  the 
organic  law  and  would  be  legitimately  void.  But  inasmuch 
as  provision  has  been  made  in  the  act  regulating  writs  of 
quo  warranto,  for  bringing  questions  of  this  character  before 
the  judiciary;  and  considering  also  that  the  members  of  the 
Legislative  Assembly  as  well  as  myself,  have  taken  a  solemn 
oath  to  support  the  organic  law — and  approving  the  bill  in 
other  respects — I  have  waved  my  objections  and  signed  both 
the  original  bill  and  supplement,  under  the  impression  that 
should  the  organic  law  be  infringed,  the  proper  remedy  may 
be  applied  by  the  judiciary  under  the  quo  warranto  act. 
Very  respectfully,  Your  obedient  servant, 

ROBERT  LUCAS. 


188  MESSAGES  AND   PROCLAMATIONS   OF 

TO    THE  LEGISLATIVE  ASSEMBLY 

DECEMBER  21,  1839 
From  the  Journal  of  the  House  of  Representatives,  p.  132 


EXECUTIVE  DEPARTMENT,  I.  T. 
BURLINGTON,  Dec.  21,  1839. 

To  tJw  Honorable  the  Legislative  Assembly: 

Gentlemen: — I  have  received  a  communication  from  the 
Executive  of  the  State  of  New  York,  transmitting  a  copy  of 
a  law  of  that  State,  relative  to  the  arrest  and  detention  of 
fugitives  from  other  States  and  Territories  of  the  United 
States,  which  is  herewith  transmitted  for  your  consideration. 

The  subject  appears  to  be  an  important  one  and  deserving 
your  most  serious  attention. 

The  original  communication  is  herewith  sent  to  the  House 
of  Representatives,  with  a  request  that  after  its  considera- 
tion in  that  House,  it  may  be  transmitted  to  the  Council. 
Very  respectfully,  your  ob't  servant, 

ROBERT  LUCAS. 


ACKNOWLEDGMENT   OF   THE  RECEIPT    OF  ACTS 

AND  RESOLUTIONS   OF  THE  LEGISLATIVE 

ASSEMBLY 

From  the  Journal  of  the  Council,  p.  43 


EXECUTIVE  DEPARTMENT, 
November  25,  1839. 

Received  of  Charles  Whittlesey,  Esq.  member  of  the  leg- 
islative assembly,  the  following  bills  and  memorials,  submit- 
ted for  my  consideration,  to-wit: 


GOVERNOR  ROBERT  LUCAS          189 

"An  act  to  authorise  Vinson  H.  Wamsley  and  Barnet 
Ristine,  to  erect  a  dam  across  the  Cedar  Fork  of  Skunk 
River,  &c. "  also  "an  Act  to  authorise  the  Legislative  Assem- 
bly to  punish  for  contempt,  <fec."  "memorial  of  Jeremiah 
Smith,"  also  "Joint  resolution  relative  to  the  apppintment 
of  Fiscal  Agent." 

(Signed)  ROBERT  LUCAS. 


From  the  Journal  of  the  House  of  Representatives,  p,  76 


EXECUTIVE  DEPARTMENT,  I.  T. 
BURLINGTON,  Nov.  29,  1839. 

Received  of  Mr.  Brewer  member  of  the  H.  R.,  a  Joint 
Resolution  relative  to  Russell  &  Reeves,  Printers  of  the 
Laws  of  last  session  which  was  this  day  submitted  for  my 
consideration. 

ROBERT  LUCAS. 


From  the  Journal  of  the  Council,  p.  65 


"Received,  Dec,  6,  1839,  from  Charles  Whittlesey,  Esq. 
of  the  Council,  "Memorial  (No  4)  on  the  subject  of  the  dis- 
puted boundary  with  Missouri,"  "Joint  Resolution  (No  5) 
relative  to  the  distribution  of  the  Acts  of  the  25th  Con- 
gress," also  an  Act  (No  7)  for  the  benefit  of  settlers  on  the 
half  breed  land,"  filed  for  consideration. 

(Signed)  ROBERT  LUCAS. 

Executive  Department,  Dec.  6,  1839. 


190  MESSAGES   AND   PROCLAMATIONS   OF 

Front  the  Journal  of  the  House  of  Representatives,  p.  105 


EXECUTIVE  OFFICE,  Dec.  13,  1839. 

Received  of  Daniel  Brewer,  member  of  the  House  of  Rep- 
resentatives of  the  Legislative  Assembly,  "An  act  for  the 
relief  of  the  administrators  of  the  estate  of  the  late  Benja- 
min W.  Clark." 

A  preamble  and  joint  resolutions  relative  to  the  improve- 
ment of  the  Des  Moines  river; 

A  preamble  and  resolutions  relative  to  the  difficulty 
between  the  Territory  of  Iowa  and  the  state  of  Missouri, 
presented  for  my  consideration  and  approval. 

(Signed.)  ROBERT  LUCAS. 


From  the  Journal  of  the  House  of  Representatives,  p.  113 


EXECUTIVE  OFFICE,  Dec.  17,  1839. 

Received  of  Daniel  Brewer,  member  of  the  House  of  Rep- 
resentatives of  the  Legislative  Assembly,  "An  act  to  create 
the  office  of  public  printer,  and  to  define  his  duties,"  and 
"A  memorial  for  a  donation  of  land  for  literary  purposes," 
presented  for  my  consideration  and  approval. 

(Signed.)  ROBERT  LUCAS. 


From  the  Journal  of  the  House  of  Representatives,  p.  128 


EXECUTIVE  DEPARTMENT,  I.  T. 
BURLINGTON,  Dec.  20,  1839. 

Received  of  Daniel  Brewer,  member  of  the  House  of 
Representatives  "A  memorial  to  Congress  for  amending  the 
organic  law." 


GOVERNOR  ROBERT  LUCAS          191 

"An  act  to  provide  for  the  appointment  of  a  librarian 
and  for  other  purposes." 

"An  act  to  regulate  the  institution  of  suits  by  foreign 
executors  and  administrators  within  this  Territory." 

"An  act  to  provide  for  the  organization  of  the  county  of 
Delaware  and  to  locate  the  seat  of  justice  thereof." 

All  of  which  have  been  this  day  presented  for  my  consid- 
eration and  approval. 

(Signed)  ROBERT  LUCAS. 


From  the  Journal  of  the  Council,  p.  108 


EXECUTIVE  DEPARTMENT,  December  21,  1839. 
Received  of  Charles  Whittlesey,  Esq.  member  of  the 
Council  of  the  Legislative  Assembly,  C.  F.  No.  17,  "An 
act  to  district  the  county  of  Henry  into  three  county  com- 
missioners districts;"  C.  F.  No.  9,  "An  act  to  authorize 
evidence  by  the  oath  of  parties;"  C.  F.  No.  12,  "An  act 
relative  to  coroners  and  their  duties;"  C.  F.  No.  2,  "Me- 
morial on  the  subject  of  an  appropriation  on  the  Territorial 
Road  from  Du  Buque  to  the  northern  boundary  of  Mis- 
souri;" also,  "Resolution  relative  to  memorials  and  resolu- 
tions passed  at  the  last  session;"  presented  for  my  considera- 
tion and  approval. 

(Signed)  ROBERT  LUCAS. 


From  the  Journal  of  the  House  of  Representatives,  p.  181 


EXECUTIVE  OFFICE,  Dec.  23,  1839. 

Received  of  Daniel  Brewer,  member  of  the  House  of  Rep- 
resentatives,   "A  memorial  to  Congress  on  the  subject  of 


192  MESSAGES   AND   PROCLAMATIONS   OF 

post  roads  in  Iowa,"  presented  this  day  for  my  considera- 
tion and  approval. 

(Signed)  ROBERT  LUCAS. 


From  the  Journal  of  the  Council,  p.  93 


EXECUTIVE  DEPARTMENT,  Dec.  24,  1839. 

Received  from  Mr  Hepner  of  the  Council  of  the  Legisla- 
tive Assembly,  "An  Act  to  provide  for  the  appointment  of 
Notaries  Public  and  to  prescribe  their  duties,"  also,  "A 
memorial  to  Congress  for  an  additional  appropriation  for 
the  completion  of  the  Penitentiary,"  presented  for  my  con- 
sideration and  approval. 

(Signed)  ROBERT  LUCAS. 


From  the  Journal  of  the  Council,  p.  107 


EXECUTIVE  DEPARTMENT,  Dec.  30,  1839. 

Received  from  Mr.  Whittlesey,  member  of  the  Council, 
C.  F.  No.  1,  "An  act  relative  to  landlords  and  tenants." 
"An  act  to  make  valid  in  law  the  acts  of  John  C.  Mather, 
done  and  performed  by  him  as  County  Surveyor  of  the 
county  of  Henry  and  Territory  of  Iowa,"  (Council  file,  No. 
16.)  "Joint  resolution  relative  to  seals,  <fec."  (C.  F.  No.  9) 
-  filed  for  consideration  and  approval. 

[Signed.]  ROBERT  LUCAS. 


GOVERNOR  ROBERT  LUCAS         193 

From  the  Journal  of  the  House  of  Representatives,  p.  162 


EXECUTIVE  OFFICE,  Dec.  30,  1839. 

Keceived  of  Daniel  Brewer,  member  of  the  House  of 
Representatives,  "An  act  to  relocate  the  seat  of  justice  in 
and  for  the  county  of  Cedar;"  "An  act  to  relocate  the  seat 
of  justice  of  the  county  of  Johnson;"  "A  memorial  for  the 
survey  of  the  harbor  at  the  town  of  DuBuque;"  "A  memo- 
rial to  the  President  of  the  United  States  in  relation  to  the 
Sioux  half  breed  reservation  on  Lake  Pepin;"  "A  resolution 
relative  to  a  supervisor  to  the  printing  of  the  laws  of  the 
present  session,"  and  "A  preamble  and  resolution  to  the 
Congress  of  the  United  States  asking  for  an  appropriation 
for  the  improvement  of  a  territorial  road  on  the  Des 
Moines  river, "  this  day  presented  for  my  consideration  and 
approval.  ROBEET  LUCAS. 


From  the  Journal  of  the  House  of  Representatives,  p.  165 


EXECUTIVE  DEPARTMENT,  Dec.  30,  1839. 
Received  of  Mr.  Walworth,  member  of  the  House   of 
Representatives,  "An  act  to  establish  a  seminary  of  learn- 
ing, at  Parkhurst,  in  Scott  county,'  for  consideration  and 
approval.  ROBERT  LUCAS. 


From  the  Journal  of  the  House  of  Representatives,  p.  165 


EXECUTIVE  DEPARTMENT,  I.  T.  Dec.  31,  1839. 
Received  of  Mr.  Walworth,  member  of  the  House  of 
Representatives,  "A  bill  to  incorporate  the  Bloomington 
education  society."  ROBEET  LUCAS. 


194  MESSAGES   AND   PROCLAMATIONS   OF 

From  the  Journal  of  the  Council,  p.  113 


EXECUTIVE  DEPABTMENT,  IOWA  TERRITORY, 

December  31,  1839. 

Received  of  C.  Whittlesey,  Esqr.  member  of  the  Council, 
the  following  bills  and  memorials,  viz:  "An  act  to  incor- 
porate the  Iowa  flouring  mill  and  manufacturing  company," 
and  a  memorial  relative  to  the  location  by  commissioners  of 
Henry  county. 

[Signed.]  ROBERT  LUCAS. 


From  the  Journal  of  the  Council,  p.  114 


EXECUTIVE  DEPARTMENT,  I.  T. 
January  1,  1840. 

Received  from  Mr.  Whittlesey,  member  of  the  Legisla- 
tive Council,  No.  13,  C.  F.  "Resolutions  relative  to  the 
pay  of  officers,  members,  <fec."  filed  for  consideration  and 

approval. 

(Signed)          ROBERT  LUCAS. 


From  the  Journal  of  the  House  of  Representatives,  p.  177 


EXECUTIVE  OFFICE,  January  3,  1840. 

Received  of  Daniel  Brewer,  member  of  the  House  of  Rep- 
resentatives, "An  act  to  authorize  Avery  Thomas  to  keep  a 
ferry  across  the  Mississippi  river, "  opposite  Cordova,  Illinois. 

"An  act  for  the  relief  of  the  sheriff  of  Jackson  county." 

"An  act  regulating  grocery  license." 

"An  act  regulating  marriages." 


GOVERNOR  ROBERT  LUCAS         195 

"An  act  to  regulate  conveyances." 

"An  act  to  provide  for  the  support  of  illegitimate  chil- 
dren," and 

"An  act  to  provide  for  the  appointment  of  a  librarian, 
and  for  other  purposes,"  this  day  presented  for  my  consid- 
eration and  approval. 

ROBERT  LUCAS. 


From  the  Journal  of  the  House  of  Representatives,  p.  183 


EXECUTIVE  OFFICE,  January  7,  1840. 

Received  of  Daniel  Brewer,  member  of  the  House  of 
Representatives,  "A  memorial  to  Congress  for  an  appro- 
priation for  a  road  opposite  Burlington  in  the  Mississippi 
bottom."  "Memorial  for  the  speedy  settlement  of  the 
Du  Buque  land  claim."  "A  memorial  to  Congress  for  an 
appropriation  to  remove  obstructions  in  the  rapids  of  the 
Mississippi. "  "Resolutions  relative  to  compensation  to  J. 
G.  Edwards  for  printing  in  pamphlet  form  the  act  prescrib- 
ing the  duties  of  justices  of  the  peace."  "An  act  for  the 
limitation  of  suits  on  penal  statutes  and  criminal  prosecu- 
tions." "An  act  to  incorporate  the  Philadelphia  Mill  and 
Manufacturing  company."  "An  act  to  encourage  the 
destruction  of  wolves."  "An  act  providing  for  the  ap- 
pointment and  duties  of  Auditor  of  Public  Accounts,  and 
regulating  the  duties  of  Territorial  Treasurer,"  and  "An 
act  to  amend  an  act  entitled  'An  act  to  organize  the  county 
of  Linn  and  establish  the  seat  of  justice  thereof,'  "  this  day 
presented  for  my  consideration  and  approval. 

ROBERT  LUCAS. 


196  MESSAGES   AND   PROCLAMATIONS   OF 

from  the  Journal  of  the   Council,  p.  135 


EXECUTIVE  DEPARTMENT,  January  8,  1840. 
Received  from  C.  Whittlesey,  Esqr.  member  of  the 
Council  "an  act  to  regulate  Ferries  in  certain  cases,"  (C.  F. 
No.  22,)  "an  act  to  authorize  Elijah  Buel  to  keep  a  Ferry,  " 
(C.  F.  No.  24,)  Resolutions  relative  to  printing  the  Laws, 
&c.  of  the  present  session, "  (C.  F.  No.  12,)  "Resolution," 
(C.  F.  No.  11,)  presented  for  my  consideration  and 
approval. 

[Signed]  ROBERT  LUCAS. 


From  the  Journal  of  the  House  of  Representatives,  p.  190 


EXECUTIVE  OFFICE,  Jan.  9th,  1840. 

Received  of  Daniel  Brewer,  member  of  the  House  of 
Representatives,  "An  act  to  amend  an  act  to  incorporate 
the  Iowa  mutual  fire  insurance  company." 

"An  act  to  make  valid  in  law  the  deed  of  Si-si -sa-man  a 
minor  to  John  H.  Knapp,  deceased." 

"An  act  to  enable  the  citizens  of  Des  Moines  county  to 
establish  the  seat  of  justice  for  said  county." 

"An  act  to  authorize  the  arrest  and  detention  of  fugitives 
from  justice,  from  other  states  and  territories  of  the  United 
States." 

"A  preamble  and  resolution  for  the  benefit  of  the  former 
sheriffs." 

"A  joint  resolution  on  the  subject  of  post  offices." 

"A  memorial  on  the  subject  of  an  additional  land  district 
in  the  Territory  of  Iowa." 


GOVERNOR  ROBERT  LUCAS         19Y 

"A  resolution  to  defray  the  expenses  incurred  by  the 
joint  committee  appointed  to  attend  the  remains  of  the  Hon. 
Wm.  B.  Conway,  to  Davenport — this  day  presented  for 
my  consideration  and  approval. 

ROBEBT  LUCAS. 


From  the  Journal  of  the  Council,  p.  152 


EXECUTIVE  DEPARTMENT,  January  10,  1840. 
Received  of  Mr.  Whittlesey,  member  of  the  Council,  "A 
bill  to  locate  and  establish  a  Territorial  road  from  Fairfield 
to  Wapello,  &c."  presented  for  my  consideration. 

[Signed]  ROBEET  LUCAS. 


From  the  Journal  of  the  House  of  Representatives,  p.  200 


EXECUTIVE  DEPARTMENT,  January  10,  1840. 
Received  from  Mr.  Walworth,  member  of  the  House  of 
Representatives,  "An  act  to  provide  for  the  organization  of 
townships."  Also,  "A  resolution  requesting  our  delegate 
in  Congress  to  use  his  exertions  to  procure  additional  mail 
facilities  on  the  route  leading  from  Davenport  to  Du 
Buque, "  filed  for  consideration  and  approval. 

ROBEET  LUCAS. 


From  the  Journal  of  the  House  of  Representatives,  p.  202 


EXECUTIVE  OFFICE,  January  11,  1840. 

Received  of  Daniel  Brewer,  member  of  the  House  of 
Representatives,    "An  act  for  the  benefit  of  the  sheriff  of 


198  MESSAGES  AND   PROCLAMATIONS   OF 

Des  Moines  county,"  and  "An  act  to  organize  the  county 
of  Clinton  and  establish  the  seat  of  justice  thereof."  This 
day  presented  for  my  consideration  and  approval. 

ROBERT  LUCAS. 


From  the  Journal  of  the  House  of  Representatives,  p.  206 


EXECUTIVE  OFFICE,  January  11,  1840. 

Received  of  Daniel  Brewer,  member  of  the  House  of 
Representatives : 

"An  act  to  incorporate  the  Tuscarora  steam  mill  com- 
pany." 

"An  act  for  the  relief  of  certain  carriers." 

"An  act  to  incorporate  the  Bloomington  insurance  com- 
pany." 

"An  act  for  the  relief  of  Van  Buren  county." 

"An  act  to  provide  for  an  extra  session  of  the  Legislative 
Assembly." 

1  'A  memorial  to  Congress  for  an  appropriation  to  improve 
roads  from  Iowa  city  to  Prairie  Du  Chien,  and  from  Du 
Buque  to  the  county  seat  of  Delaware  county." 

"Resolution  providing  for  the  payment  of  the  rent  of  the 
building  occupied  by  the  Legislative  Assembly." 

"A  joint  resolution  requesting  our  delegate  in  Congress 
to  urge  the  passage  of  a  law  for  a  post  road,"  this  day  pre- 
sented for  my  consideration  and  approval. 

ROBERT  LUCAS. 


GOVERNOR   ROBERT  LUCAS  199 

From  the  Journal  of  the  Council,  p.  170 


EXECUTIVE  DEPARTMENT,  January  14,  1840. 
Received  of  Charles  Whittlesey,  Esqr.  member  of  the 
Council,  "resolution  relative  to  the  taking  of  the  census," 
(Council  file,  No.  14,)  "Resolution  requesting  the  appoint- 
ment of  a  resident  engineer,"  (Council  file,  No.  15,)  "Me- 
morial to  Congress  for  appropriations  to  be  expended  in 
building  bridges  and  improving  roads  on  the  mail  routes  in 
this  Territory,"  Council  file,  No.  6,  "An  act  amendatory  to 
'an  act  for  assessing  and  collecting  county  revenue,  approved 
Jan.  24,  1839.'"  (Council  file,  No.  31,)  "An  act  for  the 
relief  of  certain  officers  in  the  Territory,"  (Council  file,  No. 
28,)  "An  act  to  authorize  Adam  Ritchie  to  erect  a  dam 
across  Crooked  creek  in  Henry  county,"  (Council  file,  No. 
29,)  "An  act  to  amend  the  act  providing  for  the  appoint- 
ment of  Justices  of  the  Peace,  &c.  approved  January  21st, 
1839,"  (Council  file,  No.  33,)  presented  for  consideration 
and  approval.  ROBERT  LUCAS. 


From  the  Journal  of  the  House  of  Representatives,  p.  219 

EXECUTIVE  OFFICE,  Jan.  14,  1840. 

Received  of  Daniel  Brewer,  member  of  the  House  of  Rep- 
resentatives, "An  act  to  relocate  the  county  seat  of  Clay- 
ton county;"  "Memorial  to  Congress  on  the  subject  of  a 
turnpike  road  from  the  city  of  Burlington,  via  Mount  Pleas- 
ant, to  Fairfield;"  "A  memorial  to  Congress  for  a  further 
appropriation  for  the  road  from  Burlington  to  the  Des 
Moines  river, "  Presented  for  consideration  and  approval. 

ROBERT  LUCAS, 


200  MESSAGES   AND   PROCLAMATIONS   OF 

From  the  Journal  of  the  House  of  Representatives,  p.  216 


EXECUTIVE  OFFICE,  January  14,  1840. 

Received  of  Daniel  Brewer,  member  of  the  House  of 
Representatives, 

"An  act  to  incorporate  the  Bloomington  mill  and  manu- 
facturing company." 

"An  act  to  provide  for  the  execution  of  title  deeds  to 
lots  in  Iowa  city,  and  for  other  purposes." 

"An  act  establishing  certain  territorial  roads  therein 
named." 

"An  act  to  incorporate  the  town  of  Salem,  in  Henry 
county,  '  and 

"An  act  to  establish  a  seminary  of  learning  at  or  near 
Antwerp,  in  Cedar  county,  '  this  day  presented  for  my  con- 
sideration and  approval. 

ROBERT  LUCAS. 


From  the  Journal  of  the  Council,  p.  178 


EXECUTIVE  DEPARTMENT. 
BURLINGTON,  I.  T.  Jan.  16,  1840. 

Received  from  Charles  Whittlesey  for  my  consideration 
and  approval,  C.  F.  No.  30,  An  act  relative  to  the  authenti- 
cation of  statutes  without  the  approval  of  the  Governor,  and 
for  other  purposes;  No.  17,  Joint  Resolution  requesting  our 
delegate  to  Congress  to  obtain  the  passage  of  a  law  relative 
to  the  election  of  Governor  of  the  Territory  by  the  people; 
No.  17,  A  memorial  to  Congress  for  an  appropriation  for  a 
military  road  from  Fort  Madison  to  a  contemplated  military 
post  on  the  Des  Moines  river;  No.  4,  An  act  to  prevent 


GOVERNOR  ROBERT  LUCAS         201 

frauds;    No.    18,   Resolution  relative  to  pay  for  carrying 
extra  mail. 

An  act  for  the  relief  of  certain  administrators. 

An  act  to  amend  an  act  relating  to  mechanics  liens  and 
for  other  purposes,  approved  Dec.  17,  1838. 

An  act  for  the  relief  of  the  poor. 

Preamble  and  memorial  to  Congress  requesting  the  dona- 
tion of  the  sections  of  land  contiguous  to  the  section  donated 
as  a  location  for  the  seat  of  government  in  this  Territory. 

An  act  relative  to  habeas  corpus. 

An  act  to  provide  for  the  election  of  Delegate  to  Congress, 
Judges  of  Probate,  Sheriffs,  County  Surveyor,  and  to  amend 
an  act  regulating  general  elections  in  this  Territory. 

An  act  to  establish  a  University  in  the  town  of  Mount 
Pleasant  in  Henry  county. 

An  act  to  authorize  Wm.  Ingersoll  to  build  a  dam  across 
Skunk  river,  in  Jefferson  County. 

Memorial  to  Congress  on  the  subject  of  a  public  armory 
in  the  Territory  of  Iowa. 

An  act  to  regulate  the  admission  of  attorneys. 

An  act  amendatory  to  an  act  subjecting  real  and  personal 
estate  to  execution,  approved  Jan.  25,  1839. 

ROBERT  LUCAS. 

From  the  Journal  of  the  Souse  of  Representatives ,  p. 


EXECUTIVE  OFFICE,  Jan.  16,  1840. 

Received  of  Daniel  Brewer,  member  of  the  House  of 
Representatives : 

uAn  act  to  punish  for  trespass  on  school  and  other 
lands." 


202  MESSAGES   AND   PROCLAMATIONS   OF 

"Joint  resolution  approving  the  views  set  forth  in  the 
late  message  of  the  President  of  the  United  States." 

"An  act  to  locate  the  seat  of  justice  in  and  for  the  county 
of  Jones. " 

"An  act  to  amend  the  act  fixing  the  terms  of  the  supreme 
and  district  courts  of  the  Territory  of  Iowa,  and  for  other 
purposes." 

"A  resolution  relative  to  the  safe  keeping  of  the  furni- 
ture, <fec." 

"Resolution  relative  to  publishing  the  list  of  acts  passed 
at  the  present  session." 

"Memorial  to  Congress  on  the  subject  of  expenses  in- 
curred by  the  Marshall  in  sustaining  the  laws  of  the  United 
States  within  this  Territory. " 

"An  act  to  repeal  the  acts  therein  mentioned." 

"An  act  to  authorize  the  keeping  of  certain  ferries  therein 
named." 

"Joint  resolution  relative  to  the  sale  of  the  Statute  Laws." 

"A  resolution  relative  to  publishing  the  laws  of  a  general 
nature  of  the  present  session  in  certain  newspapers. ' ' 

"An  act  to  restrict  the  commissioners  in  the  expenditure 
of  public  moneys  at  Iowa  city." 

"An  act  to  lay  out  and  establish  a  Territorial  road  from 
Wyoming  to  Iowa  city." 

"Resolution  relative  to  an  appropriation  to  defray  the 
expenses  of  the  extra  session  of  the  Legislative  Assembly." 

"A  memorial  to  the  Postmaster  General." 

"A  joint  resolution  relative  to  a  post  route." 

"An  act  to  incorporate  the  city  of  Du  Buque." 

"An  act  opening  and  regulating  roads  and  highways. " 


GOVERNOR  ROBERT  LUCAS         203 

"An  act  to  amend  an  act  to  provide  for  the  erection  of  a 
Penitentiary,  and  establishing  and  regulating  prison  disci- 
pline for  the  same." 

And  "An  act  for  allowing  and  confirming  the  compensa- 
tion of  printers  of  the  last  Legislative  Assembly,  and  for 
other  purposes,"  this  day  presented  for  my  consideration 
and  approval. 

(Signed)  ROBERT  LUCAS. 

Also,  "A  memorial  to  the  Secretary  of  War." 

"An  act  relative  to  divorce,  and  for  other  purposes." 

"An  act  amendatory  to  an  act  regulating  practice." 

"An  act  relating  to  auctioners  and  auction  sales." 

"An  act  appointing  commissioners  to  review  a  Territorial 

road." 

"An  act  to  provide  for  the  settlement  of  the  claims  that 

Des  Moines  county  has  upon  the  counties  of  Lee,  &c.  <fec." 
"An  act  to  establish  a  ferry  across  the  Mississippi  river." 

And 

"An  act  to  abolish  imprisonment  for  debt." 


From  the  Journal  of  the  House  of  Representatives,  p.  232 


EXECUTIVE  OFFICE,  January  16,  1840. 

Received  of  Daniel  Brewer,  member  of  the  House  of 
Representatives,  "An  act  to  authorize  Robert  E.  Mott  to 
keep  a  ferry  across  the  Des  Moines  river  at  Round  Mound 
in  Lee  county." 

"An  act  to  authorize  Joseph  Clinkenbeard  to  erect  a  dam 
across  Big  Cedar  in  Jefferson  county." 


204  MESSAGES   AND   PROCLAMATIONS   OF 

"An  act  to  authorize  John  Troxell  to  erect  a  dam  across 
Big  Cedar  in  Jefferson  county. " 

"An  act  to  authorize  William  Warner  to  erect  a  dam 
across  Big  Cedar  in  Henry  county. " 

' '  An  act  to  authorize  Harriet  Knapp  to  sell  and  convey 
the  interest  of  Nathaniel  Knapp  deceased,  in  the  half -breed- 
lands  in  Lee  county." 

"An  act  to  establish  a  Territorial  road  from  Blooming- 
ton  by  Point  Comfort  to  the  western  line  of  Washington 
county." 

"An  act  to  provide  for  the  annual  organization  of  the 
Council  and  House  of  Representatives  of  the  Territory  of 
Iowa." 

"Memorial  to  Congress  for  the  improvement  of  the  roads 
therein  named. " 

"An  act  to  establish  a  system  of  common  schools." 

"An  act  to  remove  and  relocate  the  county  seat  of  Lee 
county. " 

"An  act  to  provide  for  the  compensation  of  printers, 
officers, "  &G. 

"A  resolution  to  provide  for  printing  the  reports  of  the 
decisions  of  the  supreme  court." 

"A  memorial  to  Congress  for  an  appropriation  for  a  road 
from  Keokuk  via  West  Point  to  Mount  Pleasant;"  this  day 
presented  for  my  consideration  and  approval. 

ROBERT  LUCAS. 


GOVERNOR   ROBERT   LUCAS  205 

From  the  Journal  of  the  Council,  p.  185 


EXECUTIVE  DEPARTMENT, 
BURLINGTON,  Jan.  17,  1840. 

Received  from  Charles  Whittlesey,  member  of  the  Legis- 
lative Council,  for  my  approval  and  signature,  the  following 
acts: 

C.  F.  No.  10,  memorial  to  the  Secretary  of  war. 

C.  F.  No.  38,  An  act  relative  to  divorces  and  other  pur- 
poses. 

C.  F.  No.  47,  An  act  amendatory  to  an  act  regulating 
practice. 

C.  F.  No.  46,  An  act  relating  to  auctioneers  and  auction 
sales. 

C.  F.  No.  32,  An  act  appointing  commissioners  to  review 
a  Territorial  road. 

C.  F.  No.  41,  An  act  to  provide  for  the  settlement  of  the 
claims  that  Des  Moines  has  upon  the  counties  of  Lee,  &c. 

C.  F.  No.  40,  An  act  to  abolish  imprisonment  for  debt. 

C.  F.  No.  45,  An  act  to  establish  a  ferry  across  the  Mis- 
sissippi river. 

ROBERT  LUCAS. 


From  the  Journal  of  the  House  of  Representatives,  p.  285 


EXECUTIVE  OFFICE,  January  17,  1840. 

Received  of  Daniel  Brewer,  member  of  the  House  of 
Representatives,  uAn  act  defining  the  duties  of  supervisors 
of  roads  and  highways,"  this  day  presented  for  my  con- 
sideration and  approval. 

ROBERT  LUCAS. 


PROCLAMATIONS 


DIVIDING    THE   TERRITORY  INTO  JUDICIAL 
DISTRICTS 

JULY  25,  1838 
From  the  Iowa  Sun,   Vol.  I,  Nov.  23,  1838 


WHEREAS,  by  an  act  of  Congress,  entitled  an  act  "to 
divide  the  Territory  of  Wisconsin  and  establish  the  Terri- 
torial government  of  IOWA,"  approved  on  the  12th  day  of 
June,  1838,  it  is  enacted  and  declared,  that  "temporarily 
and  until  otherwise  provided  by  the  Legislative  Assembly, 
the  Governor  of  the  Territory  of  Iowa  may  define  the  Judi- 
cial Districts,  of  said  Territory  and  assign  the  Judges  who 
may  be  appointed  for  said  Territory,  to  the  several  Dis- 
tricts, and  also  appoint  the  time  for  holding  Courts  in  the 
several  counties  in  each  District,  by  proclamation  to  be 
issued  by  him." 

And  whereas  it  is  also  provided,  in  the  act  of  Congress 
above  cited,  that  the  said  Territory  of  Iowa  "shall  be  divided 
into  three  judicial  districts,  and  a  district  Court,  or  Courts, 
shall  be  held  in  each  of  the  three  Districts,  by  one  of  the 
Judges  of  the  Supreme  Court,  and  whereas  the  necessity  of 
an  immediate  compliance  with  the  requirements  of  the  act 
of  Congress  aforesaid,  as  regards  the  organization  of  the 
Territory  of  Iowa  for  Judicial  purposes,  is  sufficiently  ap- 
parent, — therefore, 


GOVERNOR  ROBERT  LUCAS         207 

I,  WM.  B.  Cox  WAT,  acting  governor  of  the  Territory  of 
Iowa,  for  the  time  being,  by  virtue  of  the  power  and  author- 
ity in  me  vested  by  the  act  of  Congress  aforesaid  do  appoint, 
direct  and  declare,  that  temporarily,  and  until  otherwise  pro- 
vided by  law  of  the  Legislative  Assembly,  "the  counties  in 
said  Territory  which  have  been  already  organized  for  Judi- 
cial purposes,  shall  be  divided  into  three  districts,  as  follows: 

1.  The   counties   of   Clayton,    Dubuque,    Jackson   and 
Cedar,  shall  form  and  constitute  the  first  Judicial  District, 
which  is  hereby  assigned  to  the  Hon.  THOMAS  S.  WILSON. 

2.  The  counties  of  Scott,  Musquitine,  Louisa,  Slaughter 
&  Johnson,  shall  form  and  constitute  the  second  Judicial 
District,   which   is   hereby   assigned   to   the   Hon.   JOSEPH 
WILLIAMS. 

3.  The  counties  of  Lee,  Van  Buren,  Henry  and  Des 
Moines,  shall  form  and  constitute  the  third  Judicial  District; 
which  is  hereby  assigned  to  the  Hon.    CHARLES  MASON, 
Chief  Justice  of  the  Territory  of  Iowa. 

And  it  is  further  directed  and  declared,  that  the  Courts  in 
the  several  counties  of  the  districts,  thus  temporarily  estab- 
lished shall  be  held  as  follows: — 

1ST  DISTRICT. 

In  Clayton  county,  on  the  2nd  Monday  in  September  next. 
Du  Buque,  1st  Thursday  after  said  second  Monday. 
Jackson,  4th  Monday  in  September. 
Cedar,  1st  Monday  in  October. 

2ND  DISTRICT. 

In  Scott  county,  1st  Thursday  after  the  1st  Monday  in 
October  next. 


208  MESSAGES   AND   PROCLAMATIONS   OF 

Musquitine,  2nd  Monday  in  October. 

Louisa,  3rd  Monday  in  October. 

Slaughter,  4th  Monday  in  October. 

Johnson,  1st  Thursday,  after  the  4th  Monday  in  October. 

3RD  DISTRICT. 

In  Lee  county,  1st  Monday  in  November  next. 
Van  Buren,  2nd  Monday  in  November. 
Henry,  3rd  Monday  in  November. 
Des  Moines,  4th  Monday  in  November. 
Given  under  my  hand  and  seal,  at  the  city  of  Burlington, 
this  25th  day  of  July,  in  the  year  of  our  Lord 
(L.  S.)         one  thousand  eight  hundred  &,  thirty  eight,  and 
of  the  independence  of  the  United  States  the 
sixty-third. 

WM.  B.  CON  WAY.1 
Acting  Governor  of  tlie  Territory  of  Iowa. 


1  NOTE  ON  WILLIAM  B.  CONWAY 

Having  come  to  the  Territory  of  Iowa  some  weeks  before  the 
arrival  of  the  Governor,  (Robert  Lucas)  William  B.  Conway,  who 
had  been  duly  appointed  Secretary  of  the  Territory,  proceeded  to 
perform  the  duties  of  Chief  Executive.  This  fact  explains  the 
appearance  in  this  connection  of  several  documents  signed  by  Mr. 
Conway.  For  an  account  of  the  quarrel  between  the  Secretary  and 
the  Governor  which  grew  out  of  this  incident  see  Shambaugh's 
History  of  the  Constitutions  of  Iowa,  Ch.  V. — The  Editor. 


GOVERNOR   ROBERT   LUCAS  209 

FIXING    THE  TIME  OF  ELECTION  AND  DIVIDING 

THE   TERRITORY  INTO  ELECTORAL 

DISTRICTS 

[DATE  OF  PROCLAMATION  NOT  GIVEN] 
From  Original  MS.  in  the  Office  of  the  Sec.  of  State,  Des  Moines 


Whereas,  by  an  act  of  Congress,  entitled  an  Act  "to 
divide  the  Territory  of  Wisconsin  and  establish  the  Terri- 
torial Government  of  Iowa,"  approved  on  the  12th  day  of 
June,  A.  D.  1838 — it  is  enacted  and  declared  that  "in  case 
of  the  death,  removal,  resignation  or  necessary  absence  of 
the  Governor  from  the  Territory  (of  Iowa  aforesaid,)  the 
Secretary  shall  have  and  he  is  hereby  authorized  and  re- 
quired to  execute  and  perform  all  the  powers  and  duties  of 
the  Governor  during  such  vacancy,  or  necessary  absence,  or 
until  another  Governor  shall  be  duly  appointed  to  fill  such 
vacancy —  And  whereas  it  is  provided  in  the  act  of  Con- 
gress aforesaid  that  the  first  election  shall  be  held  at  such 
time  and  places,  and  be  conducted  in  such  manner  as  the 
Governor  shall  appoint  and  direct:  and  he  shall  at  the  same 
time  declare  the  number  of  members  of  the  Council  and 
House  of  Representatives  to  which  each  of  the  counties,  or 
districts,  are  entitled  under  said  act:  which  said  members  of 
the  Council  and  House  of  Representatives  shall  reside  in 
and  be  inhabitants  of  the  district  for  which  they  may  be 
elected — And  whereas  it  is  also  provided,  by  the  Act  of 
Congress  aforesaid,  that  "an  apportionment  shall  be  made 
as  nearly  as  practicable  among  the  several  counties  for  the 
election  of  the  Council  and  Representatives,  giving  to  each 


210  MESSAGES   AND   PROCLAMATIONS   OF 

section  of  the  Territory  representation  in  the  ratio  of  its 
population  (Indians  excepted)  as  near  as  may  be." 

And  whereas  it  is  moreover  provided  by  the  Act  of  Con- 
gress aforesaid,  that  uthe  existing  laws  of  the  Territory  of 
Wisconsin  shall  be  extended  over  the  Territory  of  Iowa  for 
temporary  purposes,  so  far  as  their  provisions  may  not  be 
incompatible  with  the  organic  law  of  the  Territory  last  men- 
tioned:— And  whereas  it  is  provided  by  the  said  laws  of 
the  Territory  of  Wisconsin  that  an  election  shall  be  held  for 
sundry  county  officers  on  the  Second  Monday  in  September, 
(which  will  be  the  10th  day  of  that  month)  And  whereas 
it  is  just  and  proper  that  the  convenience  of  the  people 
should  be  duly  consulted  in  all  matters  relating  to  their 
interests,  and  requiring  their  supervision —  Therefore,  I, 
Wm.  B.  Conway,  Acting  Governor  of  the  Territory  of 
Iowa,  by  virtue  of  the  power  and  authority  in  me  vested, 
by  the  act  of  Congress  aforesaid,  do  hereby  appoint  and 
direct,  that  an  election,  for  thirteen  members  of  the  Legis- 
lative Council  and  twenty  six  members  of  the  House  of 
Representatives  shall  be  held  in  the  several  counties  and 
districts  of  the  Territory  of  Iowa,  on  the  2'd  Monday  in 
September  next;  to  be  conducted,  in  every  respect,  pur- 
suant to  the  provisions  of  the  election  laws  of  the  Territory 
of  Wisconsin,  and  under  the  following  apportionment, 
to  wit: — 

1  The  County  of  Lee  shall  form  and  constitute  the  first 
Legislative  district,  and  elect  one  member  of  the  Council 
and  four  members  of  the  House  of  Representatives. 

2  The  County  of  Van  Buren  and  the  country  lying  west 
of  and  attached  to  said  county  for  Judicial  purposes  shall 


GOVERNOR  ROBERT  LUCAS         211 

form  and  constitute  the  Second  Legislative  district,  and 
elect  two  members  of  the  Council  and  three  members  of  the 
House  of  Representatives. 

3  The  County  of  Henry,  and  the  country  lying  west  of, 
and  attached  to  said  county  for  Judicial  purposes  shall  form 
and  constitute  the  Third  Legislative  District  and  elect  two 
members  of  the  Council  and  three  members  of  the  H.  R. 

4  The  County  of  Des  Moines  shall  form  and  constitute 
the  fourth  Legislative  District  and  elect  three  members  of 
the  Council  and  five  members  of  the  House  of  Representa- 
tives. 

5  The  Counties  of  Louisa,  Muscatine,  Slaughter,  and 
the  country  lying  west  of  and  attached  to  Slaughter  for 
Judicial  purposes,  shall  form  and  constitute  the  fifth  Legis- 
lative district  and  elect  one  member  of  the  Council  and  four 
members  of  the  House  of  Representatives. 

6  The  Counties  of  Johnson,  Cedar,  Jones,  Linn,  Benton 
&  Keokuk,  shall  form  and  constitute  the  Sixth  Legislative 
district  and  elect  one  member  of  the  Council  and  one  mem- 
ber of  the  House  of  Representatives. 

7  The  Counties  of   Scott  and  Clinton  shall  form  and 
constitute  the  seventh  Legislative  district  and  elect  one  mem- 
ber of  the  Council  and  two  members  of  the  House  of  Rep- 
resentatives. 

8  The  Counties  of  Jackson,  Dubuque,  Delaware,  Buchan- 
an Fayette  and  Clayton  shall  form  and  constitute  the  eighth 
Legislative  District  and  elect  two  members  of  the  Council 
and  four  members  of  the  House  of  Representatives. 

And  whereas  it  is  furthermore  provided,  by  the  Act  of 
Congress  aforesaid,  that  a  Delagete  to  the  House  of  Repre- 


212  MESSAGES   AND   PROCLAMATIONS   OF 

sentatives  of  the  United  States  shall  be  elected  by  the  voters 
qualified  to  elect  members  of  the  Legislative  Assembly,  and 
that  the  first  election  shall  be  held  at  such  time  and  places 
and  be  conducted  in  such  manner  as  the  Governor  shall 
appoint  and  direct: — And,  pursuant  to  the  authority  above 
cited,  the  undersigned  does  hereby  appoint  and  direct  that 
the  said  election  for  Delagete  to  Congress,  shall  be  held  at 
the  same  time  and  places,  at  which  the  election  of  members 
of  the  Legislative  Assembly  is  hereinbefore  appointed  and 
directed  to  be  held,  and  said  election  shall  be  conducted 
according  to  the  existing  election  laws  of  the  Territory  of 
Wisconsin,  so  far  as  the  same  may  not  be  incompatible  with 
the  organic  law  of  the  Territory  of  Iowa. 

[WM.  B.  CONWAY] 

[It  is  probable  that  this  document  was  never  formally 
issued  as  an  official  proclamation. — Editor.  ] 


ON  ELECTION  RETURNS 

OCTOBER  18,  1838 
From  Original  MS.  in  the  Office  of  the  Sec.  of  State,  Des  Moines 


To  all  to  whom  these  presents  shall  come  Greeting: 

Know  Ye:  That  I,  Robert  Lucas,  Governor  of  the  Ter- 
ritory of  Iowa,  by  virtue  of  the  power  and  authority  vested 
in  me  by  the  Act  of  Congress,  passed  the  12th  day  of  June, 
1838— entitled  "An  Act  to  divide  the  Territory  of  Wis- 
consin, and  to  establish  the  Territorial  Government  of 
Iowa,"  did  declare  by  Proclamation,  the  number  of  mem- 
bers of  the  Council,  and  House  of  Representatives  to  which 


GOVERNOR  ROBERT  LUCAS          213 

each  county  and  district,  in  said  Territory,  were  entitled 
under  the  provisions  of  said  act  of  Congress,  and  did  cause 
elections  to  be  held  in  the  several  counties  and  districts  in 
the  said  Territory,  on  the  10th  day  of  September,  last  past, 
for  members  of  the  Council,  and  House  of  Representatives, 
in  the  Legislative  Assembly;  as  well  as  a  Delegate  to  rep- 
resent this  Territory  in  the  House  of  Representatives  of 
the  United  States,  as  provided  for,  in  the  14th  section  of 
said  Act  of  Congress:  Do  hereby  declare  and  make  known 
that  the  following  named  gentlemen  were  severally  elected 
to  the  different  offices  hereinafter  specifically  designated,  as 
appear  by  the  returns  of  the  elections  officially  transmitted 
to  this  Department,  by  the  proper  returning  Offices — to-wit: 
William  W.  Chapman,  Delegate  from  this  Territory  to 
the  House  of  Representatives  of  the  United  States. 

Members  of  the  Council 

Jesse  B.  Browne,  from  the  county  of  Lee. 

E.  A.  M.  Swazy  and  Isham  Keith,  from  the  County  of 
Van  Buren. 

Lawson  B.  Hughes  and  Jesse  D.  Payne,  from  the  County 
of  Henry. 

Arthur  Inghram,  Robert  Ralston  &  George  Hepner,  from 
the  County  of  Des  Moines. 

James  M.  Clark,  from  the  Counties  of  Muscatine,  Louisa 
and  Slaughter. 

Charles  Whittlesey,  from  the  Counties  of  Johnson,  Cedar, 
Jones  and  Linn. 

Jonathan  W.  Parker,  from  the  counties  of  Scott  and 
Clinton. 


214  MESSAGES   AND   PROCLAMATIONS   OF 

Warner  Lewis  and  Stephen  Hempstead,  from  the  Counties 
of  Jackson,  Dubuque  and  Clayton. 

Members  of  the  House  of  Representatives. 

William  Patterson,  Hawkins  Taylor,  Calvin  J.  Price  and 
James  Brierly — from  the  County  of  Lee. 

James  Hall,  Gideon  S.  Bailey  and  Samuel  Parker,  from 
the  county  of  Van  Buren. 

Wm.  G.  Coop,  William  H.  Wallace  and  A.  B.  Porter 
from  the  county  of  Henry. 

James  W.  Grimes,  George  Temple,  Van  B.  Delashmutt, 
Thos.  Blair  and  Cyrus  S.  Jacobs  from  the  county  of  Des 
Moines. 

John  Frierson,  William  L.  Tool,  Levi  Thornton  and  S. 
C.  Hastings  from  the  Counties  of  Muscatine,  Louisa  and 
Slaughter. 

Robert  G.  Roberts,  from  the  Counties  of  Cedar,  Jones, 
Linn  and  Johnson. 

Laurel  Summers  and  Samuel  R.  Hurry  from  the  Counties 
of  Scott  and  Clinton. 

Chauncey  Swan,  Andrew  Bankson,  Thos.  Cox  and  Hardin 
Nowlin  from  the  Counties  of  Jackson,  Dubuque  and  Clayton. 

And  I  do,  by  virtue  of  the  further  power  and  authority 
vested  in  me,  by  the  Act  of  Congress  aforesaid,  declare  and 
make  known,  that  I  have  appointed  the  Second  Monday  of 
November  next  as  the  time,  and  the  city  of  Burlington  as 
the  place,  for  the  first  meeting  of  the  Legislative  Assembly, 
and  do  hereby  request  the  members  elected  to  the  Council, 
and  House  of  Representatives  as  aforesaid,  to  assemble  at 
the  City  of  Burlington,  in  the  County  of  Des  Moines,  on 


GOVERNOR  ROBERT  LUCAS          215 

the  Second  Monday  of  November  next,  for  the  purpose  of 
organizing  the  first  session,  of  the  Legislative  Assembly,  of 
the  Territory  of  Iowa;  under  the  Act  of  Congress  of  the 
12th  of  June,  1838,  as  aforesaid. 

In  testimony  whereof,  I  have  hereunto  set  my 
name,  and  caused  the  seal  of  the  Territory,  to 
be  hereunto  affixed.  Done  at  the  City  of  Bur- 
(SEAL)  lington,  in  the  Territory  of  Iowa,  this  eighteenth 
day  of  October,  in  the  year  of  our  Lord,  One 
Thousand  eight  hundred  and  thirty  eight,  and 
of  the  Independence  of  the  United  States,  the 
sixty  third. 

ROBEKT  LUCAS. 


LOCATING  A    COUNTY  SEAT 

MARCH  18,  1839 
From  Original  MS.  in  the  Office  of  the  Sec.  of  State,  Des  Moines 


To  all  whom  it  may  concern: 

Know  Ye,  that  having  received  a  Certificate  under  the 
hand  and  seals  of  a  majority  of  the  Commissioners  appointed 
in  the  Act  entitled  "An  Act  to  organize  the  County  of 
Linn  and  to  establish  the  seat  of  justice  thereof."  Ap- 
proved the  15th  day  of  January  1839  in  the  words  follow- 
ing, to  wit — 

In  pursuance  of  an  Act  of  the  Council  and  House  of 
Representatives  of  the  Territory  of  Iowa.  Approved  Jan- 
uary 15th  1839.  Entitled  an  Act  to  organize  the  County 
of  Linn  and  establish  the  seat  of  justice  thereof 


216  MESSAGES  AND   PROCLAMATIONS   OF 

We  the  undersigned  two  of  the  Commissioners  appointed 
by  the  aforesaid  Act  to  locate  the  seat  of  justice  of  said 
County  of  Linn  having  met  at  the  house  of  William  Abbey 
in  said  County  on  the  first  Monday  of  March  inst.  and  being 
duly  sworn  according  to  law  proceeded  to  locate  said  seat  of 
justice  by  driving  a  stake  to  be  considered  the  center  of  said 
location  to  agree  with  the  four  cardinal  points  in  an  open 
rolling  prairie  about  one  hundred  rods  east  of  the  east  fork 
of  Indian  Creek  and  eighty  rods  north  of  the  grove  of  tim- 
ber designated  as  Red  Cedar  timber  and  in  a  direct  line 
about  equal  distance  between  a  house  said  to  belong  to 
Doctor  James  Nail  and  a  small  grove  of  timber  called 
Quakanarp  grove  having  the  east  branch  of  Indian  creed  on 
the  west,  an  extensive  grove  of  timber  on  the  south,  a  small 
branch  with  two  large  springs  on  the  east  and  an  open 
prairie  on  the  north  and  supposed  to  be  about  three  miles 
south  of  the  geographical  center  of  said  county  and  done  in 
the  presence  of  a  large  number  of  witnesses 

We  hereby  certify  the  foregoing  to  be  a  true  description 
of  the  site  on  which  we  have  located  the  said  seat  of  jus- 
tice of  the  county  of  Linn  and  Territory  of  Iowa 

Given  under  our  hands  &  seals  this  eighth  day  of  March 

A.  D.  1839. 

(Signed)  BENJAMIN  NYE,         (SEAL) 

RICHARD  KNOTT,       (SEAL) 
Commissioners. 

Therefore  I,  Robert  Lucas  Governor  of  the  Territory  of 
Iowa,  do,  in  pursuance  of  the  provisions  of  the  Act  afore- 
said hereby  proclaim,  affirm  and  declare  the  said  location  as 
specified  and  described  in  the  report  of  a  majority  of  the 


GOVERNOR  ROBERT  LUCAS          217 

commissioners  aforesaid  to  be  the  seat  of  justice  of  said 
county  of  Linn 

In  testimony  whereof  I  have  hereunto  sub- 
scribed my  name  and  caused  the  great  seal  of 
the  Territory  to  be  hereunto  affixed 

(SEAL)  Done  at  the  City  of  Burlington  the  eighteenth 

day  of  March  A.  D.  1839  and  of  the  Indepen- 
dence of  the  U.  S.  of  America  the  sixty-third. 

ROBERT  LUCAS. 


ON  THE  SOUTHERN  BOUNDARY    OF   THE   TERRI- 
TORY OF  IOWA 

JULY  29,  1839 
From  Original  Copy  in  the  Office  of  the  Sec.  of  State,  Des  Moines 


Whereas,  it  has  been  officially  communicated  to  the  Ex- 
ecutive Department  of  the  Territory  of  Iowa,  by  the  county 
commissioners  of  Van  Buren  county,  in  said  Territory,  that 
certain  individuals,  under  pretence  of  authority  derived  from 
the  State  of  Missouri,  have  recently  been  assessing  the  prop- 
erty of  citizens  of  the  United  States  residing  within  the 
authorized  limits  of  said  county  of  Van  Buren,  in  the  Ter- 
ritory of  Iowa,  with  a  view  to  enforce  the  collection  of  taxes 
from  them  under  pretended  authority  of  the  State  of  Mis- 
souri, and  thereby  obtain  a  surreptitious  jurisdiction  over  a 
portion  of  the  citizens  of  the  United  States  residing  in  the 
said  county  of  Van  Buren,  and  within  the  rightful  jurisdic- 
tion and  organized  limits  of  the  Territory  of  Iowa,  as  organ- 
ized by  the  act  of  Congress  "To  divide  the  Territory  of 


218  MESSAGES   AND   PROCLAMATIONS   OF 

Wisconsin  and  establish  the  Territorial  Government  of 
Iowa, "  approved  12th  of  June,  1838:  And  whereas,  an  act 
originally  passed  by  the  Legislative  Council  of  Michigan, 
approved  the  12th  of  February,  1835,  was  adopted  as  a  law 
of  Wisconsin,  previous  to  the  division  of  the  Territory,  and 
by  the  12th  section  of  the  organic  act  of  Congress  declared 
to  be  in  full  force  and  effect  in  the  Territory  of  Iowa, 
entitled  "An  act  to  prevent  the  exercise  of  a  foreign  juris- 
diction within  the  limits  of  the  Territory." 

"Sec.  1.  Be  it  enacted  &c.  that  if  any  person  shall 
exercise  or  attempt  to  exercise  any  official  functions,  or  shall 
officiate  in  any  office  or  situation  within  any  part  of  the 
present  jurisdiction  of  this  Territory,  or  within  the  limits  of 
any  of  the  counties  therein,  as  at  this  time  organized  by 
virtue  of  any  commission  or  authority  not  derived  from  this 
Territory  or  under  the  laws  of  this  Territory,  or  under  the 
government  of  the  United  States;  every  person  so  offending 
shall,  for  every  such  offence,  on  conviction  thereof  before 
any  court  of  record  be  punished  by  a  fine  not  exceeding  one 
thousand  dollars,  or  imprisoned  at  hard  labor  not  exceeding 
five  years,  or  both,  at  the  discretion  of  the  court. 

"Sec.  2.  Be  it  &c.  That  if  any  person  residing  within 
the  limit  of  this  Territory,  shall  accept  of  any  office  or 
trust  from  any  State,  or  authority  other  than  the  govern- 
ment of  the  United  States,  or  this  Territory,  every  person 
so  offending  shall  be  fined  not  exceeding  one  thousand  dol- 
lars, or  imprisoned  five  years,  at  the  discretion  of  the  court. " 

And  whereas,  it  is  declared  by  the  Organic  Law  to  be 
the  duty  of  the  Executive  "to  take  care  that  the  laws  be 
faithfully  executed,"  I,  therefore,  in  discharge  of  the  duty 


GOVERNOR  ROBERT  LUCAS          219 

imposed  upon  me  by  the  Constitution  and  laws  of  the 
United  States,  as  well  as  the  laws  of  this  Territory,  do 
hereby  proclaim  the  "Act  to  prevent  the  exercise  of  a 
foreign  jurisdiction  within  the  limits  of  this  Territory"  as 
aforesaid,  to  be  in  full  force  and  effect,  within  the  organized 
boundary  of  the  Territory  of  Iowa;  and  admonish  all  per- 
sons, upon  their  peril,  to  desist  from  exercising  or  attempt- 
ing to  exercise  any  official  function,  or  from  officiating 
or  attempting  to  officiate,  in  any  office,  or  situation  what- 
soever, within  any  part  of  the  jurisdiction  of  this  Territory, 
or  within  any  of  the  counties  therein  as  at  present  organized, 
by  virtue  of  any  commission  or  authority  not  derived  from 
this  Territory,  or  under  the  laws  of  this  Territory,  or  under 
the  Government  of  the  United  States.  And  I  do  likewise 
admonish  all  persons  residing  within  the  limits  of  this  Ter- 
ritory, to  desist  from  the  acceptance  of  any  office  or  trust 
from  any  State,  or  authority,  other  than  the  government  of 
the  United  States  or  the  Territory  of  Iowa.  And  I  do 
hereby  enjoin  upon  the  District  Attorney  of  the  United 
States,  the  District  Prosecutor  of  the  first  judicial  district  of 
the  Territory,  all  sheriffs,  constables,  justices  of  the  peace, 
and  other  peace  officers,  within  the  several  counties  in  this 
Territory,  bordering  on  the  State  of  Missouri,  to  be  vigilant, 
in  protecting  the  inhabitants  of  the  Territory,  in  all  their 
rights,  against  foreign  encroachments,  and  to  be  careful  that 
the  laws  of  the  United  States,  and  the  laws  of  this  Territory 
be  respected,  and  faithfully  executed  within  the  present 
organized  boundaries  of  the  Territory;  and  that  through 
the  instrumentality  of  regular  judicial  process,  they  cause 
all  persons,  that  may  be  found  within  the  Territory  of  Iowa, 


220  MESSAGES   AND   PROCLAMATIONS   OF 

violating,  or  attempting  to  violate  any  of  the  provisions  of 
the  Act  as  aforesaid  ("to  prevent  the  exercise  of  a  foreign 
jurisdiction  within  the  limits  of  this  Territory")  to  be 
arrested  and  brought  before  the  proper  judicial  tribunal 
within  this  Territory,  to  be  dealt  with  according  to  law. 
And  I  do  most  earnestly  exhort  all  officers  and  citizens  to 
be  prompt  and  vigilant  in  the  discharge  of  their  various 
duties,  but  at  the  same  time  to  be  circumspect  in  all  their 
actions,  and  under  no  circumstance  to  permit  themselves  to 
become  the  aggressors,  or  to  act  against  the  citizens  or 
authorities  of  Missouri,  without  the  aid  of  civil  process, 
duly  obtained  from  the  proper  judicial  tribunals  of  this  Ter- 
ritory, of  the  United  States;  and  in  all  cases  to  act  in  strict 
obedience  to  the  command  of  such  civil  process — for  in 
whatever  form  an  encroachment  may  be  made  on  the  juris- 
diction of  the  United  States,  in  this  Territory  the  only 
proper  mode  of  restraining  and  correcting  it  is  through  the 
instrumentality  of  judicial  tribunals.  And  it  seems  to  me 
that  we  would  be  doing  injustice  to  the  enlightened  discre- 
tion of  the  public  authorities  of  the  State  of  Missouri,  to 
suppose  that  they  would  persist  in  their  attempts  to  exercise 
jurisdiction  within  the  present  organized  boundaries  of  Iowa, 
while  Congress  has  the  boundary  question  before  them,  and 
will,  in  all  probability,  settle  it  definitely  at  their  next  ses- 
sion. Should  we  however  be  disappointed  in  our  expecta- 
tions, as  to  the  pacific  disposition  of  the  public  authorities 
of  Missouri,  and  they  attempt  to  enforce  an  exercise  of  jur- 
isdiction within  any  part  of  the  present  organized  boundaries 
of  our  Territory,  there  is  but  one  path  of  duty  pointed  out 
to  us — and  that  is,  to  maintain  the  jurisdiction  of  the 


GOVERNOR  ROBERT  LUCAS          221 

United  States  over  the  full  extent  of  this  Territory,  as  it 
was  transferred  to  us  by  the  United  States  at  its  organiza- 
tion, and  to  resist  by  the  potent  arm  of  the  civil  authority, 
every  encroachment,  upon  our  jurisdiction,  until  the  bound- 
ary lines  be  definitely  settled  by  Congress,  or  altered  by 
the  authority  of  the  United  States.  This  duty  cannot  be 
dispensed  with  by  the  civil  authority  of  the  Territory  of 
Iowa,  and  the  attention  of  all  who  may  be  required  to  act 
in  the  premises,  are  solicited  to  the  following  suggestion 
from  such  acts  of  Congress  as  may  be  brought  to  bear  on 
the  subject.  The  Act  of  Congress  for  the  punishment  of 
certain  crimes  against  the  United  States,  provides  "That  if 
any  person  or  persons  shall  knowingly  and  wilfully,  ob- 
struct, resist  or  oppose  any  officer  of  the  United  States  in 
serving  or  attempting  to  serve  or  execute  any  mesne  process 
or  warrant,  or  any  rule  or  order  of  any  of  the  Courts  of  the 
United  States,  or  any  other  legal  or  judicial  writ  or  process 
whatsoever,  or  shall  assault,  beat  or  wound  any  officer,  or 
other  person  duly  authorized  in  serving  or  executing  any 
writ,  rule,  order,  process  or  warrant  aforesaid,  every  person 
so  knowingly  and  wilfully  offending  in  the  premises,  shall 
on  conviction  thereof  be  imprisoned  not  exceeding  twelve 
months,  and  fined  not  exceeding  three  hundred  dollars.  " — 
The  obstruction  by  unarmed  individuals,  either  singly,  or 
in  numbers,  of  the  process  and  orders  issued  and  made  by 
the  officers  of  Iowa,  would  probably  be  reached  by  this  law. 
An  attempt  by  a  military  force  actually  embodied  to  sup- 
press the  jurisdiction  of  the  Territorial  officer  acting  as  they 
do  under  the  laws  of  the  United  States,  within  the  present 
organized  boundaries  of  the  Territory  of  Iowa,  would 


222  MESSAGES   AND   PROCLAMATIONS   OF 

expose  the  parties  concerned  to  criminal  prosecutions  of  a 
still  more  serious  character. 

The  laws  of  the  United  States  also  provides,  that  where 
the  civil  power  is  obstructed  by  combinations  too  powerful 
to  be  resisted  by  the  ordinary  civil  authority,  the  evidence 
of  the  fact  shall  be  laid  before  the  President,  and  if  he 
deems  it  sufficient,  a  Proclamation  shall  issue,  and  such 
measures  may  be  adopted  as  he  may  deem  expedient,  to 
enforce  an  execution  of  the  laws  of  the  United  States,  and  to 
maintain  the  integrity  of  the  Constitution. 

If  therefore  the  servers  of  civil  process  should  be  resisted 
by  an  armed  force,  or  combination  too  powerful  to  be  resisted 
by  the  ordinary  civil  authority,  the  sheriff,  constable  or 
other  officer,  who  may  have  the  civil  process  in  possession 
at  the  time  of  such  resistance,  are  required  to  take  written 
evidence  of  the  facts  as  they  relate  to  such  resistance,  and 
report  the  same  to  this  department,  to  be  transmitted  to  the 
President  of  the  United  States  for  his  consideration  and  in- 
structions. 

In  testimony  whereof,  I,  Robert  Lucas,  Governor  of 
the  Territory  of  Iowa,  have  hereunto  set  my 
name,  and  caused  the  Seal  of  the  Territory  to 
be  hereunto  affixed. 

(L.  S.)  Done  at  the  City  of  Burlington,  in  the  Territory 
of  Iowa,  this  twenty-ninth  day  of  July,  in  the 
year  of  our  Lord  one  thousand  eight  hundred 
and  thirty-nine,  and  of  the  Independence  of  the 
United  States  of  America,  the  sixty-fourth. 

ROBERT  LUCAS. 


GOVERNOR   ROBERT   LUCAS  223 

ON   THE    SOUTHERN  BOUNDARY  OF   THE  TERR  I- 
TORY  OF  IOWA 

SEPTEMBER  25,  1839 
From   Original  Copy  in  the  Office  of  the  Sec.  of  State,  Des  Mvines 


Whereas,  a  document  has  recently  appeared  in  the  public 
prints  bearing  the  name  of  the  Governor  of  the  State  of 
Missouri,  and  purporting  to  be  a  proclamation  issued  by  him 
under  the  seal  of  the  said  State,  and  bearing  date  the  23d 
day  of  August,  1839, *  in  which  document  the  Governor  of 
Missouri  after  taking  a  superficial  view  of  my  Proclamation 
of  the  29th  of  July  last,  enters  into  a  laboured  effort  to  im- 
press upon  the  public  mind  the  belief,  that  the  public  author- 
ities of  the  Territory  of  Iowa  are  attempting  an  encroach- 
ment upon  the  jurisdiction  of  the  State  of  Missouri,  and  are 
desirous  of  extending  their  jurisdiction  within  the  rightful 
boundaries  of  that  State:  with  a  view  to  remove  erroneous 
impressions  by  placing  the  facts  before  the  citizens  of  the 
United  States  as  they  really  exist,  I  have  deemed  it  my 
duty  to  enter  into  a  public  examination  of  the  Proclamation 
of  the  Governor  of  Missouri,  and  to  present  to  the  consider- 
ation of  the  citizens  of  the  United  States,  such  facts  as  must 
convince  every  unprejudiced  mind  that  it  is  the  State  of 
Missouri  that  is  aiming  at  an  extension  of  jurisdiction,  and 
that  the  authorities  of  the  Territory  of  Iowa  are  only  exer- 
cising jurisdiction  to  the  line  that  has,  from  the  organization 
of  the  State  of  Missouri  till  within  a  very  recent  period, 
been  acknowledged  by  that  state  as  her  northern  boundary 


*For  Governor  Boggs'  Proclamation  see  above  page  124. 


224  MESSAGES   AND   PROCLAMATIONS   OF 

line;  and  which  line  has  been  regarded  by  sundry  acts  of 
Congress  and  Indian  treaties,  as  the  northern  boundary  of 
Missouri,  and  to  which  line,  the  Territory  of  Wisconsin, 
previous  to  the  division  of  the  Territory,  and  subsequently 
the  Territory  of  Iowa,  have  always,  under  the  authority  of 
the  United  States,  exercised  an  uncontrolled  jurisdiction. 

In  taking  a  view  of  the  subject,  I  deem  it  improper  to 
enter  into  a  general  discussion  of  the  boundary  question, 
as  that  is  a  matter  that  rests  entirely  between  the  United 
States  and  the  State  of  Missouri.     By  the  4th  article  of  the 
constitution  of  the  United  States,  Congress  has  the  power 
to  dispose  of  and  make  all  needful  rules  and  regulations 
respecting  the  Territory,  and  other  property  of  the  United 
States.     On  the  18th  of  June,  1838,  Congress  passed  "An 
act  to  authorize  the  President  of  the  United  States  to  cause 
the  southern  boundary  line  of  the  Territory  of  Iowa  to  be 
ascertained  and  marked." — Commissioners  were  appointed 
under  the  provisions  of  this  act,  (Missouri  declining  on  her 
part  to  appoint  a  commissioner)  and  have  made  report  to 
Congress  on  the  subject,  which  report  now  awaits  the  final 
decision  of  that  body,   who,  alone,  has  the  constitutional 
right  to  decide  the  question,   and  to  settle  definitely  the 
southern  boundary  of  this  Territory.     With  its  decision  the 
authorities  of  Iowa  will  be  satisfied;  but  until  this  decision 
is  made,  the  Territory  of  Iowa,  acting  under  the  authority 
of  the  United  States,  can  acknowledge  no  other  boundary 
line  than  the  one  to  which  the  jurisdiction  of  the  United 
States,  though  their  Territorial  officers,  has  ever  been  exer- 
cised, from  the  time  the  country  west  the  Mississippi  river 
and  north  of  the  state  of  Missouri,  were  by  an  act  of  Con- 


GOVERNOR  ROBERT  LUCAS         225 

gress  attached  to  the  Territory  of  Michigan  for  judicial  pur- 
poses, until  the  present  time. 

I  will  now  examine  the  claims  of  Missouri  as  set  forth  by 
the  Governor  in  his  proclamation,  and  compare  them  with 
sundry  official  documents,  and  appeal  to  the  calm  tribunal 
of  public  opinion  to  determine  whether  it  is  not  the  State  of 
Missouri  that  is  attempting  an  encroachment  upon  the  Terri- 
tory of  the  United  States,  rather  than  the  United  States, 
through  their  Territorial  authorities,  upon  the  rights  of  that 
State. 

The  Governor  of  Missouri  after  a  BOLD  assertion,  "that 
the  Territory  of  Iowa  is  now  seeking  to  extend  an  unwar- 
rantable and  unauthorized  jurisdiction  over  a  portion  of  ter- 
ritory, which,  by  the  term  of  admission  of  the  State  of  Mis- 
souri into  the  confederacy,  has  been,  and  still  is,  subject  to 
the  authority  of  that  State,"  proceeds  as  follows,  to  wit: 

"Whereas,  by  an  act  of  the  Congress  of  the  United 
States,  entitled  "an  act  to  authorise  the  people  of  the  Mis- 
souri Territory  to  form  a  Constitution  and  State  Govern- 
ment, and  for  the  admission  of  such  State  into  the  Union, 
on  an  equal  footing  with  the  original  States,  and  to  prohibit 
slavery  in  certain  territories,"  approved  March  6,  1820,  the 
territory  of  the  State  of  Missouri  has  been  set  forth,  pre- 
scribed, and  forever  ceded  by  the  United  States  to  said 
State  as  the  same  is  declared  to  be  included  within  the  fol- 
lowing boundaries  to  wit : — "Beginning  in  the  middle  of  the 
Mississippi  river  on  the  parallel  of  thirty-six  degrees  of  north 
latitude;  thence  west  along  that  parallel  of  latitude  to  the 
St.  Francois  river;  thence  up  and  following  the  course  of 
that  river  in  the  middle  of  the  main  channel  thereof  to  the 


226  MESSAGES   AND   PROCLAMATIONS   OF 

parallel  of  latitude  of  thirty-six  degrees  and  thirty  minutes, 
thence  west  along  the  same  to  a  point  where  the  said  parallel 
is  intersected  by  a  meridian  line  passing  through  the  middle 
of  the  mouth  of  the  Kansas  river,  where  the  same  empties 
into  the  Missouri  river;  thence  from  the  point  aforesaid 
north  along  the  said  meridian  line  to  the  intersection  of  the 
parallel  of  latitude  which  passes  through  the  rapids  of  the 
river  Des  Moines,  making  the  said  line  to  correspond  with 
the  Indian  boundary  line;  thence  east  from  the  point  of  in- 
tersection last  aforesaid,  along  the  said  parallel  of  latitude, 
to  the  middle  of  the  main  channel  of  the  main  fork  of  the 
said  river  Des  Moines  to  the  mouth  of  the  same,  where  it 
empties  into  the  Mississippi  river;  thence  due  east  to  the 
middle  of  the  main  channel  of  the  Mississippi  river;  then 
down  and  following  the  course  of  the  Mississippi  river  in 
the  middle  of  the  main  channel  thereof  to  the  place  of  be- 
ginning"-—"which  said  boundaries  have  been  ratified  by 
and  incorporated  into  the  constitution  of  this  State."  To 
the  foregoing  quotation  we  have  no  objection;  it  is  a  descrip- 
tion of  the  boundaries  of  the  state  of  Missouri,  as  defined  in 
the  constitution  of  that  State,  (with  the  omission  of  the 
following  words  which  are  found  in  the  constitution,  after 
the  words  "channel  of  the  main  fork  of  the  said  river  Des 
Moines,"  viz:  "Thence  down  and  along  the  middle  of  the 
main  channel  of  the  said  river  Des  Moines.")  But  to  the 
construction  given  to  it  by  the  Governor  of  Missouri,  and  the 
conclusion  drawn  by  him  as  to  the  right  of  Missouri  to  con- 
strue it  to  suit  her  own  convenience,  and  to  extend  her 
boundary  into  the  Territory  of  the  United  States  without 
the  assent  of  the  General  Government,  as  well  as  her  gra- 


GOVERNOR  ROBERT  LUCAS         227 

tuitous  assertions  "that  the  Territory  of  Iowa  is  now  seeking 
to  extend  an  unwarranted  and  unauthorized  jurisdiction,"  I 
do  entirely  and  unequivocally  dissent;  and  I  think  neither 
the  Governor  of  Missouri  nor  any  other  public  functionary 
in  that  State,  will  seriously  assert,  that  Missouri  ever  claimed 
jurisdiction  north  of  the  line  commonly  known  as  Sullivan's 
line  until  1837,  or  that  they  even  attempted  to  exercise 
jurisdiction  north  of  that  line  until  their  late  surreptitious 
attempt  under  the  Missouri  act  of  the  16th  February,  1839, 
by  assessing  the  property  of  citizens  of  the  United  States 
residing  north  of  said  line,  and  of  which  notice  was  taken  in 
my  proclamation  of  the  29th  July  last. 

The  act  of  Congress  of  the  6th  of  March,  1820,  and  the 
constitution  of  the  State  of  Missouri,  adopted  in  conformity 
to  said  act,  both,  in  defining  the  boundaries  of  the  state, 
declare  that  the  State  of  Missouri  shall  be  bounded  west 
"by  a  meridian  line  passing  through  the  middle  of  the 
mouth  of  the  Kansas  river,  where  the  same  empties  into  the 
Missouri  river,  thence  from  the  point  aforesaid  north  along 
the  said  meridian  line  to  the  intersection  of  the  parallel  of 
latitude  which  passes  through  the  rapids  of  the  river  Des 
Moines,  making  said  line  to  correspond  with  the  Indian 
boundary  line;  thence  east  from  the  point  of  intersection  last 
aforesaid,  along  the  said  parallel  of  latitude  to  the  middle 
of  the  main  channel  of  the  main  fork  of  the  said  river  Des 
Moines,  thence  down  along  the  middle  of  the  main  channel 
of  the  said  river  Des  Moines,  to  the  mouth  of  the  same,  where 
it  empties  into  the  Mississippi  river;  thence  down  and  follow- 
ing the  course  of  the  Mississippi  river  in  the  main  channel 
thereof  to  the  place  of  beginning."  Thus  we  see  that  the 


228  MESSAGES   AND   PROCLAMATIONS   OF 

State  of  Missouri  is  bounded  west  by  a  meridian  line  pas- 
sage through  the  middle  of  the  mouth  of  Kansas  river, 
thence  north  along  the  said  meridian  line  to  the  intersection 
of  the  parallel  of  latitude  which  passes  through  the  rapids 
of  the  river  Des  Homes,  making  said  line  to  correspond 
with  the  Indian  boundary  line.  Enquiry  may  be  made  as 
to  the  legal  meaning  of  the  word  correspond.  If  we  con- 
sult Mr.  Webster,  who  is  generally  admitted  to  be  good 
authority,  we  find  its  meaning  defined  as  follows,  to  wit: 
"To  suit;  to  answer;  to  agree;  to  fit;  to  be  congruous;  to 
be  adapted  to."  If  we  give  the  word  correspond  either  of 
the  foregoing  definitions,  the  conclusion  must  be  drawn  that 
it  was  used  as  a  qualifying  expression,  and  intended  to  con- 
trol the  parallel  of  latitude  that  was  to  form  the  northern 
boundary  of  Missouri.  The  term  "passing  through  the 
rapids  of  the  river  Des  Moines"  is  indefinite,  and  without  a 
fixed  point.  The  western  line  being  a  meridian  line  passing 
through  the  mouth  of  Kansas  river,  was  definitely  fixed  at 
that  point;  and  in  running  north  with  said  meridian  line 
would  vary  neither  east  or  west,  but  was  governed  in  its 
extension  north  by  a  correspondence  with  the  Indian  bound- 
ary line,  and  an  intersection  of  the  parallel  of  latitude 
passing  through  the  rapids  of  the  river  Des  Moines. 

The  inquiry  may  here  arise  as  to  the  locality  of  the  line 
known  at  the  time  of  the  passage  of  the  act  of  Congress, 
and  the  adoption  of  the  constitution  of  the  State  of  Mis- 
souri, as  the  Indian  boundary  line.  By  reference  to  the 
history  of  that  period  it  appears  that  in  1816,  some  years 
before  the  admission  of  the  State  of  Missouri,  into  the 
Union,  Mr.  Sullivan,  under  the  direction  of  the  Surveyor 


GOVERNOR  ROBERT  LUCAS          229 

General  of  Missouri,  Gen.  William  Rector,  ran  the  line  that 
has  been  always,  since  that  period,  known  as  Sullivan's  line, 
or  the  Old  Indian  boundary  line.  This  line  commenced  at 
the  mouth  of  the  Kansas  river,  and  ran  with  the  meridian 
line  north  one  hundred  miles,  from  the  mouth  of  that  river, 
and  ran  from  thence  east  to  the  river  Des  Moines.  From 
some  cause — probably  an  omission  to  adjust  the  compass, 
while  running  the  line — the  line  run  by  Mr.  Sullivan  has 
been  found  to  strike  the  Des  Moines  river  several  miles 
north  of  a  due  east  line  run  from  the  termination  of  the 
Indian  boundary  one  hundred  miles  north  of  Kansas  river. 
The  line,  however,  known  as  Sullivan's  line,  has  been  ac- 
knowledged by  the  authorities  of  Missouri  and  the  United 
States  as  the  northern  boundary  of  the  State  of  Missouri; 
and  if  the  Governor  of  Missouri  will  turn  his  attention  to 
the  map  of  his  own  State,  published  by  Brown  &  Barcroft 
a  few  years  after  the  admission  of  Missouri  into  the  Union, 
and  while  all  the  localities  of  the  places  referred  to  in  the 
act  of  Congress  and  constitution  of  Missouri  were  properly 
understood,  he  will  find  that  Sullivan's  line  is  laid  down  as 
bounding  the  State  of  Missouri  west  and  north — that  the 
north  west  corner  of  the  State  is  placed  one  hundred  miles 
north  of  the  mouth  of  Kansas  river,  and  from  thence  the 
line  is  run  east  to  the  river  Des  Moines  and  down  the  same  to 
the  Mississippi  river — that  there  is  no  place  marked  on  the 
map  as  rapids  in  the  Des  Moines  river,  but  that  the  rapids 
in  the  Mississippi  above  the  mouth  of  the  Des  Moines  river, 
are  marked  on  said  map  as  "rapids  Des  Moines."  This 
location  of  the  rapids,  called  in  the  constitution  of  Missouri 
"Rapids  of  the  river  Des  Moines,"  corresponds  with  the 


230  MESSAGES   AND   PROCLAMATIONS   OF 

opinion  of  the  late  Gov.  Clark  of  Missouri,  as  expressed  in 
an  official  letter  written  by  him  to  the  commissioner  of 
Indian  Affairs,  dated  January  13,  1838.  In  this  letter  Gen. 
Clark  says: — "In  the  year  1816,  (I  think  it  was,)  Col.  John 
C.  Sullivan  was  employed  by  the  United  States  Surveyor 
General,  William  Rector,  to  run,  and  did  run  and  mark  the 
line  which  has  since  been  marked  in  most  if  not  all  maps 
as  the  western  and  northern  boundaries  of  the  State  of 
Missouri,  commencing  at  the  mouth  of  the  Kansas  river  and 
running  one  hundred  miles,  and  thence  east  to  the  Des 
Moines  river.  The  language  in  the  first  article  of  the  con- 
stitution expressly  refers  to  so  much  of  the  line  as  runs 
north  one  hundred  miles  from  the  mouth  of  the  Kansas 
river,  and  the  impression  was  very  generally  prevalent,  after 
the  adoption  of  the  State  constitution,  that  the  survey  of 
Col.  Sullivan  was  not  only  a  part  of  the  western,  but  that 
the  northern  line  of  the  state,  and  in  fact  that  both  were 
synonymous  with  the  Indian  boundary  line."  Gov.  Clark 
further  states,  that  "as  early  as  the  year  1824,  four  years 
after  the  constitution  was  formed,  and  when  the  subject  of 
boundary  was  still  fresh  in  recollection,  treaties  were  made 
with  the  loways  and  Sacs  and  Foxes,  in  which  the  north- 
west corner  of  the  state  is  expressly  referred  to,  and  in  one 
of  them  Col.  Sullivan's  survey  is  mentioned.  In  1825  the 
treaty  with  the  Kansas  again  refers  to  the  north-west  corner 
of  the  State,  and  as  late  as  1830  the  same  term  is  used  in 
the  treaty  made  with  the  various  tribes  at  Prairie  du  Chien. " 
The  foregoing  treaties  referred  to  by  Gen.  Clark,  as  well  as 
several  subsequent  ones  concluded  with  various  tribes  of 
Indians,  to  wit:  the  treaty  concluded  by  Gen.  Scott  for  the 


GOVERNOR  ROBERT  LUCAS         231 

purchase  of  the  present  surveyed  part  of  Iowa  Territory, 
refers  to  the  northern  boundary  of  the  State  of  Missouri; 
so  does  the  treaty  concluded  with  the  Sac  and  Fox  Indians 
at  Washington,  in  1837;  also  all  the  treaties  concluded  with 
various  tribes  of  Indians  for  the  purchase  of  the  land  lying 
between  the  west  line  of  the  State  of  Missouri  and  the  Mis- 
souri river,  refer  to  the  north-west  corner  of  Missouri,  and 
some  of  them  fix,  this  corner  one  hundred  miles  north  of 
the  Kansas  river 

The  line  known  as  Sullivan's  line  has  been  recognized  as 
the  boundary  between  the  Surveyor  General's  district  of 
Missouri,  and  Illinois,  and  the  Surveyor  General's  district 
of  Ohio,  Indiana,  Michigan  and  Wisconsin.  All  the  sur- 
veys of  the  public  lands  have  been  governed  by  that  line, 
and  it  has  been  referred  to  in  all  the  acts  of  Congress  creat- 
ing land  districts,  both  in  Missouri  and  Iowa,  bordering  on 
said  lines;  and  the  land  over  which  the  authorities  of 
Missouri  now  wish  to  exercise  jurisdiction  was  surveyed 
under  the  direction  of  the  Surveyor  General  at  Cincinnati, 
Ohio,  as  lying  within  the  boundary  of  Wisconsin,  and 
returned  to  the  Register  of  the  Land  Office  at  Burlington, 
Iowa  Territory,  and  by  proclamation  of  the  President  of 
the  United  States,  was  sold  at  that  place  as  lying  within 
the  Territory  of  Iowa;  and  the  citizens  of  the  United  States 
over  which  the  authorities  of  Missouri  now  wish  to  exercise 
jurisdiction,  and  to  levy  taxes  upon  them,  purchased  the 
lands  on  which  they  live  from  the  United  States  as  lying 
within  the  Territory  of  Iowa,  and  settled  upon  them  as 
such. 

The  line  that  has  universally  been  known  as  Sullivan's  or 


232  MESSAGES  AND   PROCLAMATIONS   OF 

the  Indian  boundary  line,  and  which  has  been  recognized 
by  all  the  authorities  as  above  cited,  is  the  line  to  which 
the  Territory  of  Iowa,  acting  under  the  authority  of  the 
United  States,  has  heretofore  exercised  uninterrupted  juris- 
diction, and  it  is  the  line  to  which  it  intends  to  exercise 
jurisdiction  until  Congress  declares  some  other  line  to  be 
the  boundary  of  the  Territory. — We  have  never  pretended 
to  exercise  or  claim  jurisdiction  south  of  that  line,  neither 
do  we  desire  to  do  so  until  the  question  of  boundary  is 
definitely  settled  by  Congress. 

With  the  foregoing  incontrovertible  facts,  presented  to 
the  calm  consideration  of  the  citizens  of  the  United  States, 
we  submit  our  cause  to  their  decision  and  ask  them  to  judge 
between  the  authorities  of  Iowa  and  those  of  Missouri,  and 
determine,  from  the  facts  in  the  case,  how  far  the  Governor 
of  Missouri  has  been  sustained  in  his  assertion,  that  the 
Territory  of  Iowa  is  now  "seeking  to  extend  an  unwar- 
ranted and  unauthorized  jurisdiction  over  a  portion  of  Mis- 
souri— whether  this  assertion  has  any  foundation  in  truth 
or  reason  and  whether  it  is  not,  on  the  contrary,  the  author- 
ities of  Missouri  that  are  now  seeking  to  extend  an  unwar- 
ranted and  unauthorized  jurisdiction  over  a  portion  of  the 
citizens  of  the  United  States  residing  in  the  Territory  of 
Iowa. 

The  Governor  of  Missouri,  after  proclaiming  the  law  of 
that  State,  approved  Feb.  16,  1839,  which  appears  to  have 
passed  in  defiance  of  the  act  of  Congress  of  the  18th  of 
June,  1838,  authorizing  the  President  of  the  United  States 
to  cause  the  southern  boundary  line  of  the  Territory  of 
Iowa  to  be  ascertained  and  marked,  and  after  the  commis- 


GOVERNOR  ROBERT  LUCAS         233 

sioners  appointed  under  authority  of  the  United  States  had 
made  their  report  to  Congress,  assumes  this  Missouri  law  to 
be  of  supreme  authority — claims  the  line  run  by  the  Mis- 
souri commissioners,  in  1837,  without  the  consent  of  the 
United  States,  as  the  boundary — and  with  an  air  of 
authority  commands  all  officers  in  the  State  of  Missouri, 
civil  and  military,  to  hold  themselves  in  readiness  to  enforce 
the  laws  of  Missouri,  over  the  Territory  of  the  United 
States  thus  vaguely  claimed  by  that  State.  We,  as  citizens 
of  the  United  States  residing  in  the  Territory  of  Iowa,  and 
under  the  authority  of  the  United  States,  consider  vague  all 
the  authority,  pretentious  and  claims  of  Missouri,  of  every 
character  and  description,  to  extend  her  jurisdiction  north 
of  the  line  known  as  the  Indian  boundary  line,  and  to 
which  special  reference  is  made  in  the  constitution  of  that 
State.  We  deny  the  right  of  the  legislature  of  any  State 
to  extend  their  boundaries  into  the  Territory  of  the  United 
States,  without  the  consent  of  Congress.  We  deny  to  the 
State  of  Missouri  the  right  to  exercise  jurisdiction  of  any 
kind  north  of  said  line.  We  deny  the  right  of  any  foreign 
government  to  tax  the  citizens  of  the  United  States  residing 
within  the  organized  boundaries  of  the  Territory  of  Iowa, 
or  any  other  interference  with  their  rights,  and  consequently 
shall  disregard  any  authority,  or  pretended  authority  or 
claim  of  the  State  of  Missouri,  to  exercise  jurisdiction 
within  any  part  of  the  Territory  of  Iowa,  as  the  same  was 
transferred  to  us  by  the  United  States  at  the  time  of  our 
organization,  and  over  which  we  have  exercised  an  uncon- 
trolled jurisdiction.  We  shall  view  all  acts  that  may  be 
done  by  the  authorities  of  Missouri,  or  by  individuals  under 


234  MESSAGES  AND   PROCLAMATIONS   OF 

pretence  of  authority  derived  from  that  State,  (north  of 
said  line,)  as  having  been  done  without  any  authority,  and 
in  violation  of  the  laws  of  the  Territory  and  those  of  the 
United  States,  and  subject  to  be  prosecuted  accordingly. 
Should  the  authorities  of  Missouri,  in  their  attempt  to 
collect  taxes  from  the  citizens  of  the  United  States  within 
this  Territory,  trespass  upon  them,  they  will  be  liable  to  an 
action  for  damages.  Should  they  forcibly  take  and  carry 
away  the  property  of  any  of  our  citizens,  they  will  be  liable, 
under  the  laws  of  the  Territory,  to  be  indicted  for  robbery, 
as  well  as  an  indictment  under  the  law  to  prevent  the  exer- 
cise of  a  foreign  jurisdiction  within  this  Territory;  and 
should  they  march  with  an  armed  force,  as  indicated  in  the 
proclamation  of  the  Governor  of  Missouri,  and  invade  our 
Territory,  they  may  ultimately  find  to  their  regret,  that  it 
is  not  the  infant  Territory  of  Iowa  that  they  are  warring 
against,  but  that  by  such  overt  act  they  have  levied  war 
against  the  United  States,  and  by  invading  the  Territory  of 
the  United  States  with  an  armed  force  they  have  subjected 
themselves  to  all  the  consequences  of  such  acts  of  temerity. 
The  Governor  of  Missouri,  in  the  concluding  paragraph  of 
his  proclamation,  states,  that  "in  thus  fulfilling  the  duty 
imposed  upon  him  by  the  constitution  and  laws  of  the  State, 
which  are  so  ordered  that  no  right  exists  which  enables  the 
Executive  to  interpose  its  power,  in  order  to  arrest  or  even 
delay  the  progress  of  the  civil  authority,  until  such  time  as 
the  causes  of  the  present  difficulty  may  be  removed,  and  that 
no  alternative  is  left  but  to  carry  the  laws  of  that  State  into 
full  and  complete  execution."  What  is  to  be  understood 
by  the  foregoing  sentence?  Does  the  Governor  of  Missouri 


GOVERNOR  ROBERT  LUCAS         235 

wish  to  be  understood  as  regretting  the  existence  of  the  law 
that  gave  him  no  power  to  interpose  the  Executive  authority 
to  delay  its  progress  until  such  time  as  the  causes  of  the 
present  difficulty  may  be  removed?  If  so,  why  the  passage 
of  the  Missouri  act  of  the  16th  February,  1839,  in  the  face 
of  the  act  of  Congress,  and  after  the  commissioners  had 
submitting  their  report?  If  the  Governor  was  individually 
anxious  to  avoid  difficulty,  why  approve  the  act  of  Missouri, 
that  is  the  very  cause  of  all  the  difficulty  ?  Why  the  military 
attitude  assumed  by  Missouri,  if  there  was  not  a  disposition 
on  her  part  to  create  a  difficulty?  Who  has  originated  the 
cause  of  the  present  difficulty  as  referred  to  by  the  Gover- 
nor; and  who  is  pressing  it  on  to  the  disturbance  of  the 
public  peace? — An  enlightened  community  will  answer 
these  queries. 

The  Governor  of  Missouri  further  says,  that  he  ' '  must  at 
the  same  time  express  his  extreme  regret,  that  the  peaceful 
and  kind  interchange  of  friendly  feelings  between  the  citi- 
zens of  Missouri  and  the  citizens  of  the  United  States  resid- 
ing within  the  Territory  of  Iowa,  is  likely  soon  to  be  harshly 
suspended,  and  that  a  violent  severance  is  about  to  be  ap- 
plied to  ties  that  should  bind  a  people  whose  language, 
habits,  pursuits  and  principles  are  the  same,  and  whose  mu- 
tual interests  prompt  them  to  be  neighbors  in  sentiment  as 
well  as  locality."  None  regrets  this  state  of  things  more 
than  the  citizens  of  the  United  States  residing  in  the  Terri- 
tory of  Iowa;  but  who,  let  me  ask,  has  been  the  cause  of  all 
this  difficulty?  Who  is  about  to  cause  this  harsh  suspension 
of  friendly  feelings — this  violent  severance  of  ties  that 
should  bind  us  together  as  neighbors  ?  Has  it  been  caused 


236  MESSAGES   AND   PROCLAMATIONS   OF 

by  any  of  the  authorities  of  the  Territory  of  Iowa  or  the 
citizens  of  the  United  States  residing  within  the  Territory? 
Certainly  not.  The  authorities  of  the  Territory,  and  those 
of  the  United  States  within  the  same,  nor  any  of  the  citizens 
residing  therein,  have  never  interfered  with  the  authorities 
or  citizens  of  Missouri  within  the  ceded  and  constitutional 
boundaries  of  that  State,  neither  do  they  intend  to  do  so; 
but  they  have  exercised  jurisdiction  over  the  Territory 
transferred  to  them  by  the  United  States  at  the  organization 
of  the  Territorial  government,  and  intend,  (as  before  ob- 
served,) to  continue  to  do  so,  the  menaces  and  threats  of 
the  authorities  of  Missouri  to  the  contrary  notwithstanding. 
And  if  the  friendly  feelings  between  the  citizens  of  Missouri 
and  those  of  the  United  States  residing  in  the  Territory  of 
Iowa  should  be  forever  severed,  and  instead  of  friends  and 
brothers,  we  should  be  compelled,  by  the  intrusions  of  Mis- 
souri upon  our  rights,  to  view  them  henceforth  as  aliens  in 
feeling  and  enemies  in  practice,  and  thereby  be  induced  to 
withdraw  our  confidence  from  the  citizens  and  authorities  of 
that  State,  and  bestow  it  upon  our  neighbors  on  the  east  of 
the  Mississippi,  with  whom  our  institutions,  habits,  and 
commercial  interests  are  ultimately  connected,  such  a  state 
of  things,  will  be  the  natural  results,  of  the  Missouri  policy. 
I  repeat  it,  if  the  unjustifiable  course  of  Missouri,  in  her 
attempt  to  tax  our  citizens,  and  to  enforce  the  collection  of 
taxes  from  them,  be  persevered  in,  and  the  citizens  of  the 
United  States  within  this  Territory  be  compelled  thereby  to 
withdraw  their  confidence  from  the  citizens  and  authorities 
of  that  State,  both  social  and  commercial,  and  bestow  it 
upon  their  neighbors  on  the  eastern  side  of  the  Mississippi, 


GOVERNOR  ROBERT  LUCAS         237 

the  sin  will  be  with  the  politicians  of  Missouri — it  will  be 
because  they  would  have  it  so,  and  with  the  authorities  of 
that  State  must  rest  the  consequences. 

The  Governor  of  Missouri,  in  conclusion,  states,  that  "in 
declaring  his  individual  feelings  on  this  subject,  which  he 
has  every  reason  to  believe  are  felt  generally  by  the  citizens 
of  that  state,  he  entertains  a  hope  that  the  enlightened 
authorities  of  the  Territory  of  Iowa  will  permit  to  be  offered 
no  obstruction  to  the  peaceable  and  quiet  administration  of 
the  laws  of  Missouri,  within  the  ceded  and  constitutional 
limits  of  that  State."  I  can  here  assure  the  Governor  of 
Missouri,  that  the  authorities  of  the  Territory  of  Iowa  never 
have  offered  any  obstruction  to  the  peaceable  and  quiet 
administration  of  the  laws  of  Missouri  within  the  ''ceded 
and  constitutional  limits"  of  that  State;  neither  do  they 
intend  to  offer  any  such  obstruction,  neither  do  they  wish 
to  interfere  with  the  officers  or  citizens  of  Missouri,  either 
directly  or  indirectly,  within  her  ceded  and  constitutional 
limits;  but,  (I  repeat  the  declaration,)  they  do  intend  to 
exercise  jurisdiction  within  the  ceded  and  constitutional 
limits  of  the  Territory  of  Iowa,  and  to  oppose  the  strong 
arm  of  the  civil  authority  against  all  who  may  attempt  an 
encroachment  upon  their  rights  within  the  same.  And  if 
the  Governor  of  Missouri  will  restrain  the  authorities  of 
that  State  from  encroaching  upon  the  rights  of  the  citizens 
of  the  United  States,  within  the  ceded  and  constitutional 
limits  of  this  Territory,  we  will  assure  him  that  the  authori- 
ties of  the  Territory  of  Iowa  will  not  pass  over  the  generally 
acknowledged  line  to  interfere  with  the  institutions  of  Mis- 
souri, the  rights  of  her  citizens,  or  the  peaceable  exercise  of 
its  legitimate  and  constitutional  authority. 


238  MESSAGES   AND   PROCLAMATIONS   OF 

Whereas,  it  appears  by  the  proclamation  of  the  Governor 
of  the  State  of  Missouri,  that  our  anticipations  relative  to 
the  pacific  disposition  of  the  authorities  of  that  State  have 
not  been  realized,  but  that  her  authorities,  both  civil  and 
military,  have  been  called  upon,  by  proclamation  of  the 
Governor,  to  hold  themselves  in  readiness  to  enforce  the 
jurisdiction  of  that  State  over  a  portion  of  the  citizens  of  the 
United  States  residing  within  the  ceded  and  acknowledged 
boundary  of  this  Territory;  And  whereas  it  becomes  our 
duty  to  maintain  the  jurisdiction  of  the  United  States  over 
all  the  Territory  acknowledged  at  the  time  of  its  organiza- 
tion to  be  included  within  the  boundaries  of  the  Territory 
of  Iowa,  until  other  boundaries  are  fixed  by  the  Congress  of 
the  United  States — I,  therefore,  ROBERT  LUCAS,  Governor  of 
the  Territory  of  Iowa,  do  hereby  specially  call  the  attention 
of  the  District  Attorney  and  Marshal  of  the  United  States 
to  this  subject,  as  the  ministerial  officers  of  the  laws  of  the 
United  States  within  this  Territory,  and  the  legitimate 
guardians  of  the  people's  rights  under  them;  and  respect- 
fully direct,  that  they  exercise  a  vigilant  promptness  in 
causing  the  laws  of  the  United  States  to  be  respected  and 
enforced  within  the  organized  limits  of  the  Territory  of 
Iowa;  and  that  they  cause  all  offenders  against  the  laws  of 
the  United  States  within  this  Territory  to  be  prosecuted, 
arrested  and  brought  to  trial,  before  the  proper  tribunal  of 
the  United  States.  And  I  do  further  specially  call  the 
attention  of  the  District  Prosecutor  of  the  first  judicial  dis- 
trict of  this  Territory  and  the  sheriff  of  Van  Buren  county 
to  this  subject,  as  the  ministerial  officers  of  the  laws  of  the 
Territory  within  the  district  of  country  over  which  the 


GOVERNOR  ROBERT  LUCAS          239 

authorities  of  Missouri  have  attempted  to  obtain  a  surrepti- 
tious jurisdiction — and  especially  direct  them  that  they  exer- 
cise vigilant  promptness  in  causing  the  laws  of  the  Territory 
to  be  enforced  within  the  said  county  of  Van  Buren;  and  that 
all  offenders  against  the  same  be  promptly  prosecuted,  ar- 
rested and  brought  before  the  proper  judicial  tribunals  within 
the  Territory,  to  be  dealt  with  as  the  law  directs. 

In  thus  calling  upon  the  civil  authority,  we  do  it  under 
the  firm  belief  that  it  is  sufficiently  potent  to  protect  the 
rights  of  the  citizens  of  the  United  States,  as  well  as  those 
guaranteed  to  them  by  the  laws  of  the  United  States,  as 
those  of  the  laws  of  the  Territory.     Should  the  Marshal  of 
the  United  States,  however,  under  any  circumstances,  deem 
it  expedient  to  call  to  his  aid  in  the  service  or  execution  of 
civil  process  a  posse  comitatus  of  armed  men,  he  has  the 
whole  force  of  the  Territory  at  his  command;  and  in  like 
manner  should  the  sheriff  of  Van  Buren  county  deem  a 
posse  comitatus  necessary  to  aid  him  in  the  service  or  execu- 
tion of  civil  process,  he  has  the  whole  power  of  his  county 
at  command.     With  regard  to  the  necessity  or  propriety  of 
a   call   for   a   posse   comitatus,    the   respective   ministerial 
officers  must  be  the  judges,  both  as  to  the  call  and  force 
required.     Further  than  this,  we  consider  an  allusion  to  a 
military  or  armed  force  at  this  time  to  be  entirely  out  of 
place.     We  think  the  civil  authority  of  the  United  States  is 
sufficiently   powerful   to   bring    offenders    to    justice;    and 
though  it  may  not  be  adopted  to  make  as  forcible  an  im- 
pression at  the  commencement  as  the  military  arm,  yet  gen- 
erally it  operates  with  more  certainty  upon  offenders — it  is 
more  seriously  felt  in  the  sequel,  and  more  durable  in  its 


240  MESSAGES   AND   PROCLAMATIONS   OF 

effects  upon  those  it  operates  upon.  I  therefore  exhort  the 
citizens  of  United  States  residing  in  Van  Buren  county — 
those  in  particular  over  whom  the  authorities  of  Missouri 
are  seeking  to  exercise  an  unwarrantable  and  unjustifiable 
jurisdiction — to  be  calm  and  discreet  in  all  your  acts.  Look 
up  to  the  civil  authorities  of  the  United  States  for  protec- 
tion. Should  you  even  be  threatened  with  extermination 
by  the  all  powerful  arms  of  Missouri,  be  not  dismayed. 
You  are  neither  slaves  that  you  should  pay  tribute  to  a 
foreign  government,  nor  passive  members  of  a  defenceless 
community,  that  you  should  be  taxed  without  your  consent. 
You  occupy  the  exalted  station  of  free  and  independent 
citizens  of  the  United  States.  You  purchased  the  lands  on 
which  you  reside  from  the  United  States  as  lying  within  the 
Territory  of  Iowa.  You  have  settled  on  them  as  such. 
You  owe  no  allegiance  to  any  other  government,  and  have 
therefore  a  right  to  claim  from  the  government  of  the 
United  States  the  protection  of  all  your  rights  and  privi- 
leges, which  protection  will  be  extended  to  you  through  the 
civil  authority,  in  the  first  place;  but  should  your  county 
be  invaded  by  an  armed  force  too  powerful  to  be  resisted 
by  the  ordinary  process  of  the  civil  authority,  I  repeat  the 
request  made  in  my  proclamation  of  the  29th  July  last,  that 
"  written  evidence  of  the  facts  be  immediately  taken  and 
forwarded  to  this  department,"  which  will  be  forthwith 
transmitted  to  the  President  of  the  United  States,  and  his 
interposition  and  instruction  solicited;  and  you  may  rest 
assured,  that  should  the  President  of  the  United  States, 
authorize  us  to  repel  force  by  force,  should  our  Territory 
be  invaded,  it  will  be  promptly  done,  regardless  of  the 


GOVERNOR  ROBERT  LUCAS         241 

boasted  prowess  and   superior  numbers   of  the   Missouri 

militia. 

In  Testimony  whereof,  I  have  hereunto  set  my 
name,  and  caused  the  seal  of  the  Territory  to 
be  hereunto  affixed.  Done  at  the  City  of  Bur- 
lington, in  the  Territory  of  Iowa,  this  twenty  - 

(L.  S.)  fifth  day  of  September,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  thirty-nine,  and 
of  the  Independence  of  the  United  States  the 
sixty-fourth,  and  of  the  organization  of  the  Ter- 
ritory of  Iowa  the  second. 

ROBERT  LUCAS. 


ON  THE  SALE   OF  LOTS  IN  IOWA    CITY 

JULY  24,  1840 
From  Original  Copy  in  the  Office  of  the  Sec.  of  State,  Des  Moines 


In  pursuance  of  the  provisions  of  an  Act  entitled  "An 
Act  directing  the  valuation  and  sale  of  lots  in  Iowa  City, 
and  to  provide  for  executing  deeds  for  the  same, "  approved 
24th  July,  A.  D.  one  thousand  eight  hundred  and  forty,  I, 
ROBERT  LUCAS,  Governor  of  the  Territory  of  Iowa,  do  here- 
by declare  and  make  known,  that  a  public  sale  will  be  held 
at  Iowa  City,  in  the  County  of  Johnson,  in  this  Territory, 
to  commence  on  Monday,  the  31st  day  of  August  next,  for 
the  sale  of  lots  in  said  City,  which  sale  will  be  held  under 
the  direction  of  the  Acting  Commissioner  of  Public  Build- 
ings, and  will  be  continued  from  day  to  day  until  the  whole 
of  the  lots  in  said  city  shall  have  been  offered  for  sale. 


242  MESSAGES  AND   PROCLAMATIONS   OF 

In  pursuance  of  the  provision  of  the  aforesaid  act,  the  lots 
will  all  be  valued  previous  to  the  sale,  and  no  lot  will  be 
sold  for  a  less  sum  than  the  value  placed  upon  each  lot. 
After  the  close  of  the  public  sale  as  aforesaid,  an  office  will 
be  opened  in  the  city  of  Iowa  by  the  Acting  Commissioner 
of  Public  Buildings,  where  all  lots  in  said  city  that  may  not 
have  been  sold  at  public  sale  can  be  purchased  at  private 
sale  at  the  minimum  price  placed  upon  them  respectively, 
by  any  person  or  persons  applying  for  the  same.  All  the 
particulars  relating  to  the  conditions  of  sale  will  be  made 
known  by  the  Acting  Commissioner  at  the  commencement 
of  the  public  sale. 

In  Testimony  whereof,  I  have  hereunto  set 
my  name,  and  caused  the  great  seal  of  the  Ter- 
ritory to  be  hereunto  affixed. 

Done  at  the  City  of  Burlington,  in  the  Terri- 
(SEAL)  tory  of  Iowa,  this  twenty-fourth  day  of  July,  in 
the  year  of  our  Lord  one  thousand  eight  hundred 
and  forty,  and  of  the  independence  of  the  United 
States  the  sixty-fifth,  and  the  organization  of  this 
Territory  the  third. 

By  the  Governor  ROBERT  LUCAS 

JAMES  CLARKE, 

Sec'y  of  Territory 


GOVERNOR   ROBERT   LUCAS  243 

ON  ELECTION  OF  DELEGATE  TO    CONGRESS 

NOVEMBER  18,  1840 

From  the  Iowa  Territorial  Gazette  and  Advertizer,  Vbl  IV,  No.  19, 

Nov.  21,  1840 


In  pursuance  of  the  provisions  of  law,  I,  KOBERT  LUCAS, 
Governor  of  the  Territory  of  Iowa,  do  hereby  proclaim  and 
make  known,  that  at  the  late  general  election  held  for  Dele- 
gate to  Congress,  it  appears  by  the  abstracts  of  votes 
returned  to  the  office  of  the  Secretary  of  the  Territory,  and 
this  day  canvassed  by  him  in  my  presence,  pursuant  to  the 
requisitions  of  the  law  in  such  cases  made  and  provided, 
that  AUGUSTUS  C.  DODGE,  was  duly  elected  to  represent  the 
Territory  of  Iowa  in  the  House  of  Representatives  of  the 
United  States,  he  having  received  at  said  election  a  majority 
of  the  votes  cast  at  said  election  for  the  office  of  Delegate. 

And  I  do  further  declare  and  make  known,  that  accord- 
ing to  the  abstracts  of  votes  returned  to  the  office  of  the 
Secretary  of  the  Territory,  and  by  him  canvassed  in  pursu- 
ance of  law,  there  were  given  within  the  Territory,  at  the 
late  election,  nine  hundred  and  thirty-seven  votes  for  a 
Convention,  and  two  thousand  nine  hundred  and  seven 
votes  against  a  Convention. 

In  testimony  whereof,  I  have  hereunto  set  my 
hand,  and  caused  the  great  seal  of  the  Territory 
(L.  S. )  to  be  hereunto  affixed,  this  eighteenth  day  of 
November,  Anno  Domino,  eighteen  hundred 
and  forty.  ROBERT  LUCAS. 

By  the  Governor, 
JAMES  CLARKE, 

Sec'y  of  Territory. 


244  MESSAGES   AND   PROCLAMATIONS   OF 

ON  THE  SALE   OF  LOTS  IN  IOWA    CITY 

MARCH  15,  1841 
From  Original  Copy  in  the  Office  of  the  Sec.  of  State,  Des  Moines 


In  compliance  with  the  provision  of  the  10th  Section  of 
the  Act  entitled  "An  act  providing  for  the  appointment  of 
a  Superintendant  of  Public  Buildings  at  Iowa  City,  and  the 
appointment  of  a  Territorial  Agent,  and  for  other  pur- 
poses," Approved  January  the  14th,  1841,  I,  ROBERT 
LUCAS,  Governor  of  the  Territory  of  Iowa,  do  hereby 
declare  and  make  known,  that  a  public  sale  will  be  held  at 
Iowa  City,  in  the  County  of  Johnson  in  this  Territory,  to 
commence 

ON  MONDAY,  THE  K)TH  DAY  OF  MAY,  1841, 

for  the  sale  of  the  unsold  Lots  in  said  city,  upon  the  follow- 
ing terms  viz:  One  third  paid  down  in  cash,  and  the  bal- 
ance in  two  semi-annual  instalments;  Provided,  that  no  Lot 
shall  be  sold  for  a  less  sum  than  the  minimum  price  fixed 
thereon  by  the  Agent  and  appraisers  appointed  under  the 
provisions  of  the  9th  Section  of  said  act. 

The  sale  will  be  held  under  the  direction  of  the  Terri- 
torial Agent,  and  will  be  continued  from  day  to  day  at  his 
discretion,  until  all  the  unsold  Lots  in  said  city  shall  have 
been  offered  for  sale. 

In  Testimony  Whereof,  I  have  hereunto  set 
(L.  S.)         my  name,  and  caused  the  Great  Seal  of  the  Ter- 
ritory to  be  hereto  affixed. 

DONE  AT  THE  CITY  OF  BURLINGTON,  in  the  Territory  of 
Iowa,  the  15th  day  of  March,  A.  D.  1841,  of  the  Indepen- 


GOVERNOR  ROBERT  LUCAS         245 

dence  of  the  United  States  the  sixty-fifth,  and  of  the  organ- 
ization of  the  Territory  the  third. 

By  the  Governor,  ROBERT  LUCAS. 

JAMES  CLARKE,  Secretary  of  Territory. 


CONVENING    THE  LEGISLATIVE  ASSEMBLY 
AT  IOWA    CITY 

APRIL  30,   1841 
From  the  Hawkeye  and  Iowa  Patriot,  Vol.  II,  No.  50,  May  18,  1841 


WHEREAS  the  Legislative  Assembly  of  the  Territory  of 
Iowa  passed  an  act,  which  was  Approved,  on  the  13th  day 
of  January,  1841,  as  follows,  to  wit — "An  act  fixing  the 
time  for  the  annual  meeting  of  the  Legislative  Assembly." 

"Section  1.  Be  it  enacted  by  the  Council  and  House  of 
Representatives  of  the  Territory  of  Iowa,  that  hereafter  the 
Legislative  Assembly  of  this  Territory  shall  commence  its 
annual  session  on  the  first  Monday  of  December." 

"Section  2.  That  the  next  meeting  of  the  Legislative 
Assembly  shall  be  held  in  Iowa  City,  on  condition  that  the 
public  buildings  at  Iowa  City  shall  be  so  far  completed 
that  the  Legislative  Assembly  can  be  accommodated  in  said 
buildings,  or  that  other  sufficient  buildings  shall  be  fur- 
nished for  the  accommodation  of  the  Legislative  Assembly, 
rent  free;  and  in  either  case,  the  Governor  shall  issue  his 
proclamation,  informing  the  members  of  the  Legislature  of 
that  fact." 

"Section  3.  All  acts  and  parts  of  acts  coming  within 
the  purview  of  this  act  are  hereby  repealed." 


246  MESSAGES   AND   PROCLAMATIONS   OF 

And  whereas  satisfactory  assurance,  has  been  given  that 
the  conditions  of  said  act  will  be  fulfilled,  and  that  in  case 
the  public  buildings  should  not  be  sufficiently  completed  at 
the  meeting  of  the  Legislature  for  their  accommodation, 
that  other  sufficient  buildings  will  be  furnished  for  their 
accommodation,  rent  free. 

I  therefore  in  discharge  of  the  duties  enjoined  on  me  by 
the  3d  Section  of  said  Act,  do  issue  this  my  proclama- 
tion informing  the  members  of  the  Legislature  of  the  fact, 
as  provided  in  said  act;  and  in  consideration  thereof,  I  do 
hereby  declare  and  make  known  to  the  members  of  the 
Legislative  Assembly,  and  to  all  other  persons  concerned 
therein,  that  the  next  Legislative  Assembly  of  Iowa  Terri- 
tory, will  convene  in  Iowa  City  in  the  county  of  Johnson, 
on  the  first  Monday  of  December  next,  as  required  by  the 
Legislative  act  aforesaid. 

IN   TESTIMONY  WHEREOF,    I  ROBERT  LUCAS 
(L.  S.)         Governor  of  the  Territory  of  Iowa,  have  here- 
unto set  my  name,  and  caused  the  Great  Seal  of 
the  Territory  to  be  hereto  affixed. 

Done  at  the  City  of  Burlington,  in  the  Territory  of  Iowa, 
the  30th  day  of  April,  A.  D.  1841,  of  the  Independence  of 
the  United  States  the  sixty-fifth,  and  of  the  organization  of 
the  Territory  the  third. 

ROBERT  LUCAS. 

BY  THE  GOVERNOR, 

JAMES  CLARKE,  Secretary  of  Territory. 


GOVERNOR  JOHN  CHAMBERS 


BIOGRAPHICAL  SKETCH 

John  Chambers,  the  second  Governor  of  the  Territory  of 
Iowa,  was  born  at  Bromley  Bridge,  Somerset  County,  New 
Jersey,  on  October  6,  1780.  His  father,  who  was  of  Scotch- 
Irish  descent,  served  in  the  war  of  the  American  Revolu- 
tion. When  John  Chambers  was  fourteen  years  of  age  the 
Chambers  family  removed  to  Mason  County,  Kentucky. 

In  1800  John  Chambers  was  licenced  to  practice  law. 
His  career  as  a  lawyer  was  quite  successful.  At  one  time 
he  embarked  in  the  business  of  manufacturing,  but  incurred 
heavy  losses.  In  1803  he  married  Margaret  Taylor,  who 
died  three  years  later.  In  1807  he  married  Hannah  Taylor, 
a  sister  of  his  first  wife.  During  the  War  of  1812  he  served 
on  the  staff  of  General  William  Henry  Harrison,  with  whom 
he  campaigned  later  in  the  famous  presidential  campaign  of 
1840. 

As  a  civil  officer  John  Chambers  held  many  positions. 
In  1797  he  became  Deputy  Clerk  of  the  District  Court.  In 
1812  he  was  chosen  to  represent  his  county  in  the  State 
legislature  of  Kentucky.  In  1815  he  was  re-elected  to  the 
State  legislature.  In  1828  he  was  elected  to  fill  a  vacancy 
in  the  House  of  Representatives  at  Washington,  D.  C.  In 
1830  and  1832  he  was  again  elected  to  the  State  legislature. 
In  1835  he  was  returned  to  Congress.  He  was  re-elected  to 
Congress  in  1837. 

On  the  twenty -fifth  day  of  March,  1841,  he  was  com- 
missioned Governor  of  the  Territory  of  Iowa  by  President 


250  JOHN   CHAMBERS 

Harrison,  lie  arrived  at  Burlington,  Iowa,  on  the  twelfth 
day  of  May,  where  he  succeeded  Robert  Lucas  who  was 
practically  removed  from  office  nearly  two  months  before 
the  close  of  his  first  term.  On  the  thirteenth  day  of  May 
John  Chambers  entered  upon  his  duties  as  Governor.  In 
1844  he  was  reappointed  to  the  office  of  Governor  of  the 
Territory  of  Iowa  by  President  Tyler;  but  in  1845  he 
was  removed  by  President  Polk.  He  retired  to  his  farm, 
"  Grouseland, "  which  was  located  a  few  miles  west  of  Bur- 
lington. He  died  on  September  21,  1852,  at  the  age  of 
seventy-two  years. 

BIBLIOGRAPHICAL  NOTE. — Annals  of  Iowa,  Vol.  IX,  p.  553. 
Annals  of  Iowa,  Third  Series,  Vol.  I,  p.  425;  Vol.  IV,  pp.  289, 
436. 


FIRST  ANNUAL  MESSAGE 

DECEMBER  8,  1841 
From  the  Journal  of  the  Council,  p.  10 


Fellow-  Citizens  of  the  Council,  and  of  tlie  House  of  Repre- 
sentatives: 

It  is  gratifying  to  me  that  on  meeting  you  at  this  time,  I 
am  enabled  to  congratulate  you  upon  the  general  prevalence 
of  health  among  the  people  of  the  Territory  during  the  past 
and  present  seasons,  and  upon  the  rapid  increase  of  our  pop- 
ulation and  steadily  advancing  improvement  of  our  fertile 
and  beautiful  country.  Abundance  has  crowned  the  labor 
of  the  husbandman,  and  already  commerce  is  coming  to  his 
aid  and  affording  a  market  for  the  surplus  productions  of 
our  agriculture.  For  these  good  and  gracious  gifts  of  the 
Beneficent  Being,  to  whom  we  are  indebted  for  them,  it  is 
our  duty  sincerely  to  manifest  our  gratitude  and  thankful- 
ness. 

Coming,  as  you  do,  from  every  organized  county  in  the 
Territory,  bringing  with  you  an  intimate  knowledge  of  the 
wants  and  wishes  of  your  constituents,  I  do  not  deem  it 
necessary  to  enter  into  a  detailed  recommendafion  of  sub- 
jects of  legislation  requiring  your  attention;  and  I  consider  it 
the  less  important  to  do  so,  because  the  time  is  near  at  hand 
when,  having  assumed  a  permanent  form  of  government, 
and  settled  the  fundamental  principles  by  which  our  future 
legislation  will  be  governed,  its  enactments  will  be  made  to 


252  MESSAGES   AND   PROCLAMATIONS   OF 

conform  to  those  principles  and  become  less  subject  to 
change. 

I  will,  however,  in  conformity  to  usage,  avail  myself  of 
this  occasion,  respectfully,  to  call  your  attention  to  some  of 
the  subjects  which  seem  to  me  worthy  of  your  consider- 
ation at  this  time.  Among  these,  the  one  which  strikes  me 
as  of  paramount  importance,  is  the  legislation  necessary  to 
the  ascertainment  of  the  wishes  of  the  people  of  the  Terri- 
tory, touching  our  admission  into  the  Union  of  the  States, 
as  one  of  the  confederates,  in  the  duties  and  obligations  of 
the  National  Government.  A  recent  reference  of  this  sub- 
ject to  the  people  eventuated  in  the  expression  of  the  un- 
willingness of  a  very  considerate  majority,  to  take  upon 
themselves,  at  that  time,  the  duties  and  responsibilities  of  a 
State  Government;  but  the  rapid  increase  of  our  population, 
and  the  recent  legislation  of  Congress  in  relation  to  the 
future  disposition  of  the  proceeds  of  the  sales  of  the  public 
lands,  will  present  the  subject  in  a  new  aspect,  and  may  pro- 
duce a  change  of  public  sentiment  upon  it.  I  would,  there- 
fore, recommend  that  it  be  again  submitted  to  the  consider- 
ation of  the  people  by  a  legislative  provision  requiring  an 
expression  of  their  wishes  through  the  ballot-box,  that  their 
representatives  may  be  enabled  to  act  upon  this  important 
matter  at  the  next  session,  in  conformity  to  their  clearly 
ascertained  will. 

Assembling  in  conformity  to  the  proclamation  of  my 
predecessor  in  office,  at  the  established  seat  of  government, 
where  the  erection  of  a  very  important  part  of  the  public 
buildings  is  in  progress,  you  will  be  enabled  to  satisfy  your- 
selves by  a  personal  inspection,  whether  the  execution  of 


GOVERNOR  JOHN   CHAMBERS  253 

the  work  and  its  advancement  towards  completion,  is  such 
as  the  means  put  at  the  disposal  of  the  superintendent, 
authorized  you  to  expect.  You  will  find  from  the  report  of 
the  Territorial  Agent,  that  a  considerable  debt  has  been  in- 
curred in  providing  the  means  for  carrying  up  the  capitol  as 
as  far  it  has  progressed,  and  will  be  enabled  to  determine 
whether  further  provision  will  be  necessary  to  meet  existing 
demands,  and  for  completing  the  building,  or  whether  the 
provision  already  made  will  be  adequate  to  the  accomplish- 
ment of  the  object  in  such  reasonable  time  as  will  meet 
public  expectation. 

It  not  having  been  made  the  duty  of  any  of  the  officers 
connected  with  the  erection  of  the  penitentiary,  to  report  to 
the  executive  department,  I  can  only  inform  you  that  from 
a  personal  inspection  of  the  work,  last  summer,  it  appeared, 
as  far  as  it  had  progressed,  to  be  well  and  substantially 
executed;  but  the  progress  is  not  commensurate  to  the 
necessity  for  its  completion.  This  proceeds  from  a  want  of 
means  to  carry  it  on,  and  I  would  recommend  an  earnest 
appeal  to  Congress  for  such  an  appropriation  as  will  enable 
us  speedily  to  complete  a  work  so  necessary  to  prevent  this 
Territory  from  becoming  the  refuge  of  a  large  portion  of 
the  most  corrupt  and  vicious  population  of  the  States.  Our 
very  limited  sources  of  revenue  and  the  relation  in  which  we 
stand  to  the  General  Government,  entitle  us  to  demand  at 
its  hands  the  means  of  protecting  ourselves  from  so  great 
an  evil. 

Some  disappointment  has  been  felt  from  the  failure  of  a 
recent  attempt  by  Commissioners  appointed  by  the  President, 
to  obtain  from  the  Sac  and  Fox  Indians  a  cession  of  the 


254  MESSAGES   AND   PROCLAMATIONS   OF 

lands  they  claim  in  this  Territory.     I,  however,  confidently 
hope,  that  when  the  causes  which  produced  that  failure  are 
understood   l>y  the  President,   measures  will  be  promptly 
adopted  to  remove  them,  and  that  there  will  be  less  delay 
in  opening  the  most  desirable  portion  of  their  country  to 
emigration,  than  would  have  resulted  from  their  acceptance 
of  the  terms  proposed  to  them  in  the  recent  negotiation. 
But  it  is  probable  that  for  a  long  time  we  shall  remain  sub- 
ject to  the  evils  and  inconveniences  of  having  an  Indian 
population  on  our  borders — evils  and  inconveniences  result- 
ing principally  from  their  excessive  and  growing  fondness 
for  intoxicating  drink,  with  which  they  are  supplied  by  a 
depraved  and  vicious  portion  of  our  citizens,  who,  defying 
alike  the  laws  of  morality  and  of  their  country,   furnish 
them  the  means  of  degradation  and  destruction,  with  a  full 
knowledge  and  perfect  disregard  of  its  murderous  effects 
upon  them.     To  this  infamous  practice  these  unfortunate 
people,  without  exception  of  age  or  sex,  are  rapidly  falling 
victims.     Humanity  shudders  and  religion  weeps  over  the 
cruel  and  unrelenting  destruction  of  a  people  so  interesting, 
by  means  so  dastardly  and  brutal,  that  the  use  of  the  rifle 
and  the  sword,  even  in  a  time  of  profound  peace  with  them, 
would  be  comparatively  merciful.     Their  indolent  habits 
and  aversion  to  labor  render  them  peculiarly  fond  of  arti- 
ficial excitement;   and  when  absent  from  the  chase,  they 
will  seek  it  in  the  form  of  intoxication,  at  the  expense  of 
every   comfort    and    every   necessary   they   possess,    their 
horses,    their   guns   and   their   blankets   are  unrelentingly 
taken  from  them,  in  exchange  for  the  intoxicating  draught, 
and  on  terms  as  revolting  to  a  sense  of  fair  dealing,  as  the 


GOVERNOR   JOHN   CHAMBERS  255 

effects  of  it  are  to  humanity  and  Christian  benevolence. 
The  provision  made  by  our  statute  on  this  subject  seems  to 
be  ineffectual.  I  cannot  learn  that  any  convictions  have 
been  had  under  it;  the  pecuniary  infliction  provided  by  it, 
is  disregarded,  and  the  offence  continued  to  be  perpetrated 
with  impunity,  and  is  increasing,  the  profits  of  it  always 
affording  a  sure  indemnity  against  the  risk  of  conviction. 
I  would,  therefore,  recommend  such  an  amendment  of  the 
existing  law  on  the  subject,  as  will  add  imprisonment  to  the 
existing  penalty,  and  will  strictly  prohibit  all  white  persons 
from  purchasing  any  articles  of  property  from  an  Indian, 
without  the  written  permission  of  the  Agent  appointed  by 
the  Government  to  take  care  of  them,  making  the  posses- 
sion of  property  derived  from  an  Indian,  prima  facie  evi- 
dence of  its  having  been  obtained  in  violation  of  the  law; 
and  it  seems  to  me  it  would  be  well  to  require  persons 
found  in  possession  of  spirituous  liquors,  near  the  border  and 
under  circumstances  conducing  to  prove  their  object  to  be  to 
sell  to  the  Indians,  to  enter  into  recognizance  with  sufficient 
security,  to  be  of  good  behavior,  and  making  an  infraction 
of  the  laws  on  the  subject,  a  cause  of  forfeiture  of  the  pen- 
alty. It  is  believed  the  moral  and  law  abiding  portion  of 
our  citizens  derive  no  pecuniary  advantage  from  a  trading 
intercourse  with  the  Indians,  which  they  would  not  most 
willingly  forego,  to  save  them  from  the  injuries  inflicted  by 
the  vicious. 

There  is  a  very  industrious  and  valuable  class  of  our 
population,  who  conscienciously  scruple  to  bear  arms,  in 
whose  favor  there  is  no  exemption  provided  by  our  militia 
laws;  I  would  recommend  that  provision  be  made  for  such 


256  MESSAGES   AND   PROCLAMATIONS   OF 

cases,  leaving  them  subject  in  time  of  war  to  pay  an  equiv- 
alent for  personal  service. 

The  plan  of  public  instruction  provided  by  the  laws  of 
the  Territory  has  been  but  very  partially  brought  into  oper- 
ation, whether  from  a  defect  in  the  system,  or  from  inatten- 
tion on  the  part  of  the  persons  to  whom  the  duty  of  organ- 
izing the  township  schools  has  been  assigned,  or  both,  you 
will  probably  be  enabled  to  judge  from  the  report  of  the 
Superintendent.  I  most  earnestly  recommend  the  subject 
to  your  consideration.  If  the  system  is  defective  it  ought 
to  be  promptly  altered  or  amended;  and  if  those  to  whom 
the  duty  of  carrying  it  into  effect  has  been  committed,  can- 
not be  induced  to  act  under  the  existing  provisions  of  the 
law,  others  should  be  adopted  of  sufficient  force  to  .ensure 
the  performance  of  every  duty  necessary  to  bring  it  into 
successful  operation.  The  subject  is  one  upon  which  no 
delay  or  neglect  in  any  department  of  the  government,  or 
on  the  part  of  any  persons  concerned  in  the  administration 
of  the  laws  for  its  regulations,  ought  to  be  tolerated. 

The  experience  of  the  past  season,  has  continued  to  dem- 
onstrate to  the  states  and  territories  interested  in  the  com- 
merce and  navigation  of  the  Mississippi,  and  particularly 
that  portion  of  them  lying  above  and  between  the  Des 
Moines  and  the  Rock  Island  Rapids,  the  vast  importance  of 
a  removal  of  these  impediments  to  safe  navigation.  To  the 
rapidly  increasing  agriculture  of  this  Territory — to  the  ex- 
portation of  its  valuable  mineral  productions,  as  well  as  to 
imports,  the  injury  occasioned  by  these  obstructions  is  of 
great  magnitude,  subjecting  us,  (in  a  navigation  of  between 
two  and  three  hundred  miles)  to  an  increase  of  from  one  to 


GOVERNOR   JOHN   CHAMBERS  257 

three  hundred  per  cent,  upon  the  amount  usually  paid 
between  New  Orleans  and  St.  Louis,  and  other  towns  below 
the  Lower  Kapids.  But  the  evil  is  not  confined  to  the  very 
heavy  tax  imposed  upon  our  exports  and  imports,  an  im- 
mense amount  of  property  is  annually  wrecked  and  totally 
lost  on  these  rapids,  an  amount  which,  it  is  believed,  if 
added  to  the  increased  price  of  freights,  occasioned  by  them, 
would,  within  the  present  and  past  years,  have  been  almost 
sufficient  to  make  a  perfect  channel  thro'  their  whole  extent. 
It  is  difficult  to  conceive  a  reason  for  the  application  of  the 
national  treasures  to  the  protection  and  security  of  the 
foreign  commerce  and  coasting  trade  of  the  country,  in  the 
Harbors,  Bays,  and  Rivers  on  our  Atlantic  border  and  on  the 
Lakes,  (for  which  millions  have  been  expended,)  which  will 
not  apply  with  equal  force  in  favor  of  an  expenditure  of  a  few 
hundred  thousand  dollars,  for  permanently  removing  com- 
paratively slight  obstructions  in  the  navigation  of  one  of  the 
noblest  rivers  in  the  world. — Believing  that,  as  citizens  of 
the  United  States,  contributing  our  just  proportion  of  its 
revenues,  we  have  a  claim  upon  the  Government  for  relief 
from  the  evil  thus  briefly  brought  to  your  notice.  I  recom- 
mend a  respectful  but  earnest  appeal  to  Congress  in  behalf 
your  constituents,  for  such  an  appropriation  for  the  removal 
of  the  obstructions  alluded  to,  as  will  effectually  protect  the 
commerce  of  the  Upper  Mississippi  against  the  losses  and 
impositions  to  which  it  is  now  subject,  from  causes  so  easily 
removed  by  a  proper  application  of  the  national  means. 

I  have  recently  received  a  letter  from  the  Governor  of 
Missouri,  on  the  subject  of  the  boundary  between  that  State 
and  this  Territory,  in  which  he  proposes  the  submission  of 


258  MESSAGES   AND   PROCLAMATIONS   OF 

the  matter  in  controversy  to  the  decision  of  the  Supreme 
Court  of  the  United  States,  upon  a  statement  of  facts,  in 
the  nature  of  an  agreed  case,  which  letter,  with  a  copy  of 
my  answer  to  it,  is  herewith  submitted  for  your  considera- 
tion. 

The  excess  of  expenditure  in  former  years,  over  and  above 
the  appropriations  made  by  Congress  for  the  support  of  the 
Territorial  Government,  has  given  rise  to  a  debt  of  between 
dght  and  ten  thousand  dollars,  which  justice  to  the  indi- 
viduals to  whom  it  is  due,  requires  that  it  should  in  some 
way  be  provided  for,  and  which,  with  the  reduced  amount 
of  the  appropriation  for  the  present  year,  admonishes  us  of 
the  necessity  of  strict  economy  in  the  administration  of  the 
fund  put  at  our  disposal  by  the  General  Government. 
I  am,  very  respectfully, 

Your  obedient  servant, 

JOHN  CHAMBERS. 


APPENDIX 

(I-) 

EXECUTIVE  DEPARTMENT,  CITY  OP  JEFFERSON, 

November  10th,  1841. 
To  His  Excellency,  The  Governor  of  the  Territory  of  Iowa: 

Sir — The  General  Assembly  of  Missouri,  for  the  purpose  of  having 
the  question  of  boundary  between  the  Territory  of  Iowa  and  this 
State  finally  adjudicated  in  the  Supreme  Court  of  the  United  States, 


GOVERNOR  JOHN  CHAMBERS         259 

passed  an  act,  at  the  last  session,  directing  me  to  cause  suit  to  be 
instituted  in  behalf  of  Uriah  S.  Gregory,  the  late  Collector  of  Clarke 
County,  Missouri,  against  the  persons  that  arrested  and  imprisoned 
him  while  in  the  discharge  of  his  duties. 

I  have  ascertained  that  the  Sheriff  of  Van  Buren  County,  who, 
with  others,  arrested  him,  resides  in  the  Territory  of  Iowa;  conse- 
quently any  suit  commenced  against  him  will  have  be  to  commenced 
in  that  Territory.  The  object  of  this  communication  is  to  ascertain 
whether,  if  suit  is  thus  commenced,  the  authorities  of  Iowa  will  cause 
to  be  made  such  an  agreed  case,  on  the  record,  as  will  ensure  a  deci- 
sion of  the  Supreme  Court  of  the  United  States  on  the  question  of 
boundary.  I  imagine  the  only  controverted  fact  is  that  of  boundary. 
This  being  the  case,  I  see  no  reason,  as  it  is  desirable  that  the  ques- 
tion should  be  speedly  and  finally  decided  by  a  competent  tribunal, 
why  all  the  necessary  facts  might  not  be  agreed.  If  your  Excellency 
concurs  with  me  in  this  view,  the  Council  on  the  part  of  this  State 
will  be  instructed  to  agree  the  case  in  such  form  as  will  present  the 
question  of  the  boundary. 

I  desire  to  hear  from  you  as  early  as  will  suit  your  convenience. 
I  have  the  honor  to  be,  sir, 

Your  obedient  servant, 
(Signed)  TH.  REYNOLDS, 

Governor  of  Missouri. 


(20 

EXECUTIVE  OFFICE,  BURLINGTON,  IOWA  TERRITORY, 

20th  November,  1841. 

Sir — I  have  had  the  honor  to  receive  your  Excellency's  letter  of 
the  10th  instant,  advising  me  of  the  existence  of  an  Act  of  the  General 
Assembly  of  your  State,  directing  you  "to  cause  suit  to  be  instituted 
in  behalf  of  Uriah  S.  Gregory,  late  Collector  of  Clark  county,  Mo. , 


260  MESSAGES  AND   PROCLAMATIONS   OF 

against  the  persons  that  arrested  him  in  the  discharge  of  his  duties, 
for  the  purpose  of  having  the  question  of  boundary  between  this  Ter- 
ritory and  Missouri  finally  adjudicated  in  the  Supreme  Court  of  the 
United  States  and  as  the  persons  proposed  to  be  sued,  reside  in  this 
Territory,"  you  propose  to  ascertain  whether,  "the  authorities  of 
Iowa  will  cause  to  be  made  such  an  agreed  case,  on  record,  as  will 
ensure  a  decision  of  the  Supreme  Court  of  the  United  States  on  the 
question  of  boundary."  That  question,  it  seems  to  me,  is  one  over 
which  the  Territorial  authorities  of  Iowa  have  no  control,  the  boun- 
dary of  the  Territory,  as  described  by  law,  gives  limits  to  the  exer- 
cise of  jurisdiction  on  the  part  of  the  Territorial  Government,  and 
prescribes  the  local  extent  of  its  obligations  to  protect  those  who 
claim  to  be  citizens  of  this  Territory,  but  by  an  express  reservation 
in  the  law  organizing  the  Territory  of  Iowa,  the  boundary  remains 
subject  to  the  future  control  of  Congress,  and  at  the  discretion  of 
that  body  any  portion  of  the  country  within  the  limits  of  the  Terri- 
tory, may  be  constituted  a  separate  and  distinct  Government,  or  be 
attached  "to  any  other  State  or  Territory  of  the  United  States."  If 
I  am  correct  in  this  view  of  the  subject,  it  follows  that  no  agreement 
or  statement  of  facts  which  the  Territorial  authorities  could  enter 
into,  would  authorise  the  Supreme  Court  to  take  cognizance  of  the 
question  of  boundary,  which  it  is  the  object  of  the  act  of  your  Legis- 
lature to  have  settled  by  an  adjudication  of  that  Court,  or  render  its 
decision,  if  it  should  do  so,  obligatory  upon  the  Government  of  the 
United  States,  or  control  its  legislation  in  prescribing  a  boundary 
for  any  future  State  or  Territory,  which  it  might  be  thought  expedi- 
ent to  form  within  the  present  limits  of  Iowa.  I  doubt,  too,  whether 
under  the  Constitution  of  the  United  States,  the  Supreme  Court 
could,  even  upon  a  case  agreed  and  by  consent  of  the  parties,  take 
jurisdiction  of  an  alleged  controversy  between  one  of  the  States  and 
a  Territory,  remaining  subject  to  the  Legislation  of  Congress.  With 
these  views,  it  only  remains  for  me  to  submit  your  Excellency's  com- 
munication to  the  Legislative  Assembly  of  the  Territory  at  its  next 
session,  and  if  the  views  of  that  body  should  differ  from  those  I 


GOVERNOR  JOHN   CHAMBERS  261 

entertain  on  the  subject,   its  decision  shall  be    immediately  made 
known  to  you. 

I  have  the  honor  to  be, 

Your  most  ob't.  servant, 

JOHN  CHAMBERS, 

Governor  of  Iowa. 
His  Excellency. 

THOMAS  REYNOLDS, 

Governor  of  Missouri, 
Jefferson  City,  Mo. 


SECOND  ANNUAL  MESSAGE 

DECEMBER  7,  1842 
From  the  Journal  of  the  House  of  Representatives,  p.  12 


Fellow  Citizens  of  the  Council,  And  of  the  House  of  Repre- 
sentatives: 

Since  the  last  annual  meeting  of  the  Legislative  Assem- 
bly, the  people  of  the  Territory  have  continued  to  enjoy  the 
blessings  of  health  and  peace,  and  industry  has  been  re- 
warded with  abundance.  Let  us,  therefore,  in  renewing  our 
efforts  to  promote  the  general  welfare,  not  forget  to  acknowl- 
edge, with  humility,  our  dependence  upon  the  Most  High, 
and  to  implore  a  continuance  of  his  protection  and  favor. 

Our  population  has  continued  steadily  to  increase,  and  the 
progress  of  improvement,  in  the  limited  extent  of  territory 
open  to  settlement,  has  been  most  cheering. 

By  a  treaty  recently  made  with  the  Sac  and  Fox  Indians, 
under  the  direction  of  the  President,  they  have  ceded  to  the 
United  States  all  their  remaining  claims  to  land  in  this  Ter- 
ritory, embracing  a  tract  of  country  estimated  to  contain  ten 
millions  of  acres,  a  very  large  proportion  of  which  is  unsur- 
passed in  fertility  and  beauty  by  any  in  the  world — abound- 
ing in  navigable  streams  of  the  purest  water,  and  offering 
inducements  to  its  settlement  at  least  equal  to  any  portion 
of  the  great  valley  of  the  Mississippi.  If  this  treaty  should 
meet  the  approbation  of  the  President  and  Senate,  the 


GOVERNOR   JOHN   CHAMBERS  263 

immediate  influx  of  population  into  the  country  acquired  by 
it  will,  in  order  to  give  effect  to  the  laws  and  ensure  the  due 
administration  of  justice,  render  the  organization  of  addi- 
tional counties  necessary. 

Under  the  provisions  of  the  Act  of  the  last  session  uto 
provide  for  the  expression  of  the  opinion  of  the  people  of 
the  Territory  upon  the  subject  of  the  formation  of  a  State 
Constitution  and  Government,  and  to  enable  them  to  form  a 
Constitution  for  the  State  of  Iowa, "  polls  were  opened  in  all 
the  counties,  at  the  time  of  holding  the  general  election  for 
members  of  the  Council  and  House  of  Representatives,  and 
the  question  of  "Convention"  or  uNo  Convention"  submit- 
ted to  the  voters.  Returns  of  the  result  have  been  made  to 
the  Secretary  of  the  Territory,  (with  the  exception  of  a 
single  precinct  in  one  of  the  counties,)  which  show  a  major- 
ity in  every  county,  and  a  large  aggregate  majority,  against 
a  convention. 

The  progress  of  the  edifice  for  the  accommodation  of  the 
Legislature  and  the  Public  Offices  at  the  seat  of  Government, 
has  been  quite  as  rapid  and  satisfactory  as  the  means  placed 
at  the  disposal  of  the  Territorial  Agent  and  Superintendent 
could  have  justified  us  in  expecting.  Whether  the  provision 
already  made  will  be  sufficient  for  the  completion  of  the 
building,  you  will  be  enabled  to  determine  after  the  reports 
of  the  Agent  and  Superintendent  shall  be  submitted  to  you. 

The  further  progress  of  the  Penitentiary  buildings  is 
arrested  by  the  want  of  means  to  carry  on  the  work;  and, 
although  Congress  has  appropriated  money  to  pay  the  debts 
heretofore  contracted  for  labor  performed  and  materials 
furnished,  we  are  left  to  regret  the  failure  to  supply  the 


264  MESSAGES   AND   PROCLAMATIONS   OF 

means  of  completing  it — and  to  regret  the  more  deeply, 
because,  while  our  citizens,  by  their  enterprise  and  industry 
are  daily  enhancing  the  value  and  availability  of  the  public 
domain  within  our  Territorial  limits,  it  forms  so  large  a 
portion  of  the  great  source  of  revenue,  available  to  our  more 
furtunate  neighbors  of  the  States,  but  prohibited  to  us,  that, 
to  raise  revenue  for  such  purposes  by  a  direct  tax  upon  those 
who  have  obtained  a  right  to  small  portions  of  land,  by  the 
sacrifice  of  all  their  present  enjoyments  and  many  of  the 
comforts  of  a  more  advanced  stage  of  improvement,  would 
be  unjust  and  oppressive — struggling,  as  they  are,  amidst 
the  exhaustion  of  their  pecuniary  means  thus  produced,  to 
erect  shelters  for  their  families,  and  bring  into  cultivation  a 
sufficient  portion  of  the  soil  for  their  support.  Such  a  tax, 
in  addition  to  the  contributions  demanded  of  them  for  indis- 
pensable county  purposes,  would  operate  with  a  degree  of 
severity  which,  it  is  feared,  the  Representatives  of  the  States 
in  Congress  do  not  justly  appreciate.  Our  population,  like 
that  of  most  new  countries,  is  made  up,  in  a  great  degree, 
of  enterprising  and  industrious  individuals  with  young  and 
dependent  families,  who,  urged  by  the  hope  of  bettering 
their  condition,  press  forward  to  the  frontier  with  very 
limited  means;  and  all  the  money  they  bring  with  them,  as 
well  as  the  first  products  of  their  labor,  is  immediately 
absorbed  in  the  purchase  of  small  portions  of  land,  and  in 
efforts  to  render  it  available  for  their  subsistence.  None 
but  those  who  have  witnessed  can  justly  appreciate  the  pri- 
vations, and,  in  many  instances,  the  actual  suffering,  sub- 
mitted to  by  the  enterprising  and  hard  working  inhabitants 
of  a  frontier  settlement,  for  the  procurement  of  permanent 


GOVERNOR   JOHN   CHAMBERS  265 

homes,  in  even  the  smallest  legal  subdivision  of  the  public 
land.  To  such  a  population,  standing  in  the  front  rank  of 
the  general  defence,  in  case  of  war  with  our  savage  neigh- 
bors, extending  the  march  of  civilization  into  the  wilderness, 
increasing  the  population  and  resources  of  the  Republic,  and 
replenishing  the  national  treasury,  by  the  application  of  all 
their  resources  to  the  purchase  of  the  public  lands,  (which 
but  for  their  enterprise  and  industry  would  be  comparatively 
valueless,)  a  just  and  liberal  government  ought  not  to  dole 
out  its  aid  with  a  parsimonious  hand. 

Our  criminal  laws  have  been  enacted  with  a  view  to  the 
reformation  of  offenders,  by  the  substitution  of  confinement 
and  labor  for  punishments  of  a  sterner  character.  Their 
due  administration  is  inseparably  connected  with  the  use  of 
the  Penitentiary;  and,  in  the  absence  of  the  hoped  for  aid 
of  the  General  Government  to  complete  it,  I  commend  to 
your  earnest  consideration  whether,  under  existing  circum- 
stances, any  means,  not  absolutely  oppressive  to  our  fellow 
citizens,  can  be  devised  for  carrying  on  and  so  far  perfecting 
the  work  as  to  render  it  more  extensively  available  for  the 
purposes  for  which  it  was  commenced. 

In  my  last  annual  message  I  took  occasion  to  call  the 
attention  of  the  Legislature  to  the  inefficiency  of  the  law  to 
prohibit  and  punish  the  sale  of  intoxicating  liquors  to  our 
Indian  neighbors;  but  no  further  legislation  on  the  subject 
was  then  deemed  necessary,  and  the  offence  has  continued  to 
be  perpetrated,  with  very  few  exceptions,  with  entire  im- 
punity, and  is  increasing  in  frequency.  I  deem  it,  there- 
fore, an  imperative  duty  again  to  invoke  your  deliberate 
consideration  of  the  matter.  The  crime  not  only  involves 


266  MESSAGES   AND   PROCLAMATIONS   OF 

a  breach  of  positive  law,  and  a  most  pernicious  and  degrad- 
ing disregard  of  the  principles  of  morality  and  religion,  but 
tends  to  produce  collisions  between  our  frontier  inhabitants 
and  the  Indians,  affecting  life  and  the  destruction  of  prop- 
erty, and  may  lead  to  conflicts  of  a  more  extensive  and 
dangerous  character,  without  some  more  effectual  means  of 
suppressing  it  than  at  present  exist  can  be  devised. 

No  serious  effort  seems  to  have  been  made  in  any  part  of 
the  Territory  to  carry  into  operation  the  plan  of  public 
instruction  provided  for  by  the  existing  laws;  and  it  is  to  be 
feared  that  until  the  permission  to  organize  township  schools 
is  rendered  a  positive  duty,  enforced  by  proper  penalties  for 
neglect,  the  laws  now  in  force  will  remain  inoperative. 

The  almost  total  failure  of  the  officers  of  our  militia  to 
make  returns  of  the  numerical  strength  and  equipment  of 
their  respective  commands  as  required  by  law,  puts  it  out  of 
the  power  of  the  War  Department  of  the  General  Govern- 
ment, under  the  existing  laws  of  the  United  States,  to  make 
such  a  distribution  of  arms  to  the  Territory  as,  with  proper 
returns  and  reports,  we  should  be  entitled  to;  and  such  is 
the  universality  of  this  gross  negligence  of  duty,  that  it 
seems  to  leave  the  executive  authority  no  means  of  correct- 
ing the  evil  but  by  a  resort  to  the  onerous  duty  of  a  general 
dismission  of  delinquents  from  command,  leaving  it  doubt- 
ful whether  others  could  be  found  to  fill  their  places  who 
would  perform  the  duties  with  more  efficiency.  I  would, 
therefore,  respectfully  suggest  for  your  consideration  the 
propriety  of  imposing  pecuniary  penalties  for  this  descrip- 
tion of  official  delinquency;  and  (as  it  would  be  difficult,  if 
not  impossible,  under  existing  circumstances,  to  constitute  a 


GOVERNOR  JOHN    CHAMBERS  267 

military  court,  in  which  the  judges  and  the  accused  would 
not  be  found  equally  in  default)  to  commit  the  enforcement 
of  such  penalties  to  the  civil  tribunals. 

The  experience  of  another  year  confirms  the  opinion  ex- 
pressed at  the  close  of  the  last,  of  the  vast  importance  to 
the  people  of  the  west  of  the  removal  of  the  obstructions  to 
the  safe  navigation  of  the  Mississippi  and  its  principal  tribu- 
taries. The  destruction  of  property  (to  say  nothing  of  the 
loss  of  life)  occasioned  by  these  obstructions,  in  the  last  ten 
or  twelve  months,  is  believed  to  be  equal  in  amount  to  the 
sum  necessary  for  their  removal ;  but,  as  a  work  of  so  much 
magnitude  and  general  importance  can  only  be  effected  by 
the  concentrated  action  of  the  nation,  through  its  Represen- 
tatives in  Congress,  we  must  endeavor  to  console  ourselves 
with  the  hope  that  the  time  cannot  be  very  remote  when 
union  and  concert  among  the  representatives  of  the  people 
interested  in  the  navigation  of  the  western  rivers,  will  con- 
vince their  brethren  of  the  Atlantic  States  that  their  interest 
will  be  best  consulted  by  allowing  to  us  a  just  participation  in 
the  benefits  to  be  derived  from  the  application  of  the  national 
treasure  to  the  protection  and  security  of  commerce.  The 
west  has  a  right  to  demand  such  a  participation,  and,  with 
union  and  concert  among  its  representatives,  the  power  to 
obtain  it.  Iowa,  it  is  true,  has  no  voice  in  the  councils  of 
the  nation,  but  her  citizens  are  contributors  to  the  support 
of  its  government,  and  have  a  right  to  expect  equal  benefits 
from  its  action,  which  it  can  hardly  be  alleged  they  enjoy, 
while  hundreds  of  thousands  of  dollars  worth  of  their  prop- 
erty is  annually  destroyed  upon  one  of  the  largest  rivers  in 
the  world,  for  the  want  of  an  expenditure  of  a  much  less 


268  MESSAGES   AND   PROCLAMATIONS   OF 

sum  than  has  been  appropriated  from  the  national  treasury 
for  the  construction  of  a  single  breakwater  or  artificial  har- 
bor in  the  Delaware  river,  for  the  protection  of  commerce. 
Whether  it  is  worth  while  further  to  press  this  subject  upon 
the  attention  of  the  present  Congress  by  way  of  memorial 
or  petition,  is  respectfully  submitted  to  your  consideration. 

The  restrictions  imposed  by  an  Act  of  the  last  session  of 
Congress  upon  the  expenditure  of  the  appropriations  for  the 
support  of  the  Territorial  Governments,  as  well  as  the  sum 
appropriated  for  this  Territory,  indicates  a  necessity  for  re- 
trenchment in  the  usual  expenses  incident  to  your  session. 
It  is  my  duty,  therefore,  to  recommend  despatch  in  the 
performance  of  your  legislative  duties  and  economy  in  the 
expenditure  of  the  fund  appropriated  for  the  expenses  of 
your  session. 

It  remains  only  for  me  to  assure  you  of  my  readiness  to 
co-operate  with  you  in  such  of  your  acts  as  may  require 
executive  interposition. 

I  am,  respectfully, 

Your  obedient  servant, 

JOHN  CHAMBERS. 
DECEMBER  VTH,  1842. 


THIRD  ANNUAL  MESSAGE 

DECEMBER  4,  1843 
From  the  Journal  of  the  House  of  Representatives,  p.  9 


IOWA  CITY,  December  4th,  1843. 

Fellow  Citizens  of  the  Council  and  of  the  House  of  Repre- 
sentatives: 

Since  the  termination  of  the  last  session  of  the  Legislative 
Assembly,  it  has  pleased  the  Almighty  Power,  in  whose 
hands  we  are,  to  vouchsafe  to  the  people  of  this  Territory 
as  great  a  degree  of  exemption  from  disease  as  has  fallen  to 
the  lot  of  any  portion  of  our  extensive  country;  and  although, 
in  some  localities,  recent  emigration  and  the  exposure  inci- 
dent to  a  want  of  comfortable  houses  for  a  short  time,  have 
produced  bilious  diseases,  in  a  mitigated  form,  still  it  may 
be  asserted  with  perfect  truth,  that  no  portion  of  the  coun- 
try, watered  by  the  tributaries  of  the  Mississippi,  has  in  its 
early  settlement  been  more  favored  in  the  health  of  its  in- 
habitants than  Iowa,  and  while  a  bounteous  providence  has 
blessed  us  with  abundance  we  have  cause  to  felicitate  our- 
selves that,  the  peace  and  personal  security  of  our  citizens 
have  been  undisturbed  and  unmolested  in  a  degree  which 
many  older  communities  cannot  boast  of. 

Heretofore  we  have  been  prosperous,  and  well  protected 
under  the  fostering  care  of  the  General  Government,  and  if 
in  some  respects  our  commerce  has  not  been  as  liberally 
provided  for  and  promoted,  as  we  had  a  right  to  expect, 


270  MESSAGES   AND   PROCLAMATIONS   OF 

and  as  an  enlightened  policy  would  have  dictated,  it  is  grat- 
ifying to  know  that  the  omission  affects  in  common  with  us, 
an  interest  so  extensive  and  a  population  so  numerous — now 
fully  represented  in  the  councils  of  the  nation — that  the 
period  cannot  be  remote,  at  which  this  subject  will  be 
pressed  upon  the  government  with  a  power  which  will  not 
be  easily  resisted.  And  we  may  promise  ourselves  too,  that 
at  an  early  day  we  shall  be  permitted  to  add  some  additional 
weight  to  the  already  numerous  representation  in  Congress 
from  the  great  valley  of  the  Mississippi,  in  demanding  the 
efficient  action  of  that  enlightened  body  in  promoting  the 
vast  and  rapidly  increasing  agriculture  and  commerce  of  the 
western  States  and  Territories. 

These  interests  have  been  too  long  permitted  to  languish 
and  suffer  from  obstructions  to  the  safe  navigation  of  our 
rivers,  which  the  government  could,  and  ought  to  have 
caused  to  be  removed,  and  although  our  former  attempts  to 
attract  the  attention  of  Congress  to  the  subject  have  been 
unsuccessful,  we  owe  it  to  ourselves  to  renew  our  efforts, 
and  especially  at  this  time  to  insist  earnestly  upon  a  full  con- 
sideration of  our  claims  to  relief  from  the  severe  losses  and 
heavy  impositions  under  which  we  labour,  from  causes  so 
easily  removed  by  the  power  to  which  it  belongs  to  redress 
the  grievance;  a  new  Congress  has  now  assembled,  and  for 
the  first  time  for  ten  years  the  people  of  the  new  States  are 
represented  in  proportion  to  their  numbers,  we  may  there- 
fore reasonably  hope  for  a  more  favorable  consideration  of 
those  interests  which  have  heretofore  seemed  to  be  too  far 
from  tide  water  to  attract  the  degree  of  attention  which 
their  importance  merit. 


GOVERNOR   JOHN   CHAMBERS  271 

Our  population  has  now,  it  is  confidently  believed,  attained 
a  numerical  strength  which  entitles  us  to  a  participation 
with  the  States  of  the  Union  in  the  government  of  its  affairs, 
and  to  the  benefits  of  local  legislation,  subject  to  no  re- 
straints but  such  as  are  imposed  by  the  constitution  of  the 
United  States,  and  as  we  may  choose  to  impose  in  the  for- 
mation of  a  State  constitution.  I  therefore  consider  it  my 
duty,  respectfully  to  recommend,  that  you  make  provision 
by  law  for  ascertaining  the  wishes  of  your  constituents  in 
relation  to  this  important  matter;  and  that  you  apply  to 
Congress  to  fix  and  establish,  during  its  present  session,  a 
boundary  for  the  proposed  State,  and  to  sanction  the  calling 
of  a  convention,  and  make  provision  for  our  reception  into 
the  Union  as  soon  as  we  shall  be  prepared  to  demand  it. 
The  establishment  of  a  boundary  for  us  by  Congress,  will 
prevent  the  intervention  of  any  difficulty  or  delay  in  our 
admission  into  the  Union,  which  might  result  from  our 
assuming  limits  which  that  body  might  not  be  disposed  to 
concede  to  us. 

Early  in  the  month  of  May  last,  the  confederated  tribes 
of  the  Sac  and  Fox  Indians,  in  conformity  to  their  treaty 
with  the  United  States  of  the  llth  of  October,  1842,  re- 
moved to  the  west  of  the  temporary  boundary  established 
by  that  treaty,  which  has  since  been  ascertained  by  actual 
survey  and  marked,  under  the  direction  of  the  government. 

The  removal  of  these  tribes  has  opened  an  extensive  and 
very  valuable  portion  of  our  territory  to  settlement,  and  the 
tide  of  emigration  which  immediately  rushed  into  it,  and  has 
continued  to  flow  ever  since,  shows  that  its  value  and  im- 
portance are  justly  appreciated. 


272  MESSAGES   AND   PROCLAMATIONS   OF 

The  increase  of  population  west  of  the  old  Indian  bound- 
ary, will  render  it  necessary  that  provision  be  made  by  law 
for  attaching  some  of  the  counties  formed  by  the  act  of  the 
last  session,  to  the  judicial  districts,  and  placing  them  in  all 
respects  upon  an  equal  footing  with  the  counties  previously 
organized. 

In  the  month  of  July  last  the  President  directed  a  negoti- 
ation to  be  opened  with  the  Winnebago  Indians,  with  a  view 
to  their  removal  from  the  tract  of  country  known  as  the 
Neutral  Ground,  where  their  vicious  habits  had  rendered 
them  offensive  and  dangerous  to  the  adjacent  white  inhabit- 
ants; but  every  effort  to  induce  them  to  remove,  proved  un- 
availing, and  I  fear  their  obstinacy  and  almost  universal 
intemperance,  acted  upon  and  encouraged  by  interested 
advisers  among  the  whites,  whom  they  look  upon  as  their 
friends,  will  induce  them  to  continue  to  resist  the  benevolent 
wish  of  the  Government  to  provide  a  residence  for  them 
more  remote  from  white  population,  and  where  the  facilities 
they  now  enjoy  for  indulging  in  their  besetting  sin  of  habit- 
ual drunkenness,  would  not  be  afforded  them,  until  their 
conduct  will  produce  a  necessity  for  compelling  them  to 
take  a  position  less  annoying  and  dangerous  to  our  citizens, 
and  less  destructive  to  themselves.  In  the  meantime,  the 
War  Department  has  caused  such  instructions  to  be  given  to 
the  officer  in  command  of  the  United  States  troops  at  Fort 
Atkinson,  as  it  is  hoped  will  in  a  great  measure  protect  our 
citizens  residing  near  the  Neutral  Ground  against  further 
aggressions  from  these  besotted  people. 

It  is  proper  to  state  in  this  connection,  that  the  intemper- 
ate habits  of  these  Indians  can  be  clearly  traced  to  a  de- 


GOVERNOR   JOHN    CHAMBERS  273 

praved  and  lawless  portion  of  our  citizens,  who,  in  defiance 
of  the  laws  of  the  United  States  and  of  the  Territory,  and 
in  total  contempt  of  every  principle  of  morality  continue  to 
supply  them  with  whiskey  in  such  quantities  as  to  keep  a 
large  portion  of  them  in  a  state  of  ^almost  uninterrupted 
intoxication.  The  laws  prohibiting  this  offence,  impose 
only  pecuniary  penalties  for  a  breach  of  them,  and  the 
frauds  and  extortion  practiced  upon  the  Indians  by  the 
offenders,  enable  them,  in  case  of  conviction,  to  pay  the 
penalties  imposed,  and  still  prosecute  their  infamous  traffic 
with  a  large  profit.  The  fact  is  well  known  to  these  law- 
less people  that  their  practices  not  only  endanger  their  own 
lives,  but  the  lives  and  property  of  their  unoffending  fellow 
citizens  and  cause  the  butchery  and  destruction  of  their 
Indian  victims  to  an  extent  not  generally  known  to  others; 
but  these  evils  produce  no  compunctions  with  them,  and  I 
earnestly  recommend  to  you  the  revision  and  amendment  of 
the  existing  laws  in  relation  to  this  crime,  with  a  view  to 
the  infliction  of  more  exemplary  punishment  for  its  commis- 
sion, and  if  possible  to  ensure  a  more  effectual  execution  of 
whatever  provisions  now  exist  or  which  you  may  deem 
necessary  to  enact  for  its  prevention  and  punishment. 

The  work  on  the  public  buildings  at  this  place  has  been 
limited  during  the  past  season  by  the  means  placed  at  the 
disposal  of  the  Territorial  Agent,  and  its  further  prosecu- 
tion will  depend  upon  such  provision  as  you  may  deem  it 
expedient  to  make  for  that  purpose. 

The  payment  of  the  unsatisfied  debts  against  the  Terri- 
tory, incurred  under  legislative  authority  on  account  of  the 
public  buildings,  ought  to  be  provided  for  and  met,  with  as 
much  promptitude  as  practicable. 


274  MESSAGES   AND   PROCLAMATIONS   OF 

Last  spring  the  Warden  of  the  Penitentiary  communicated 
to  me  a  plan  of  operations  which  he  proposed  to  adopt  for 
the  advancement  of  the  work  on  the  buildings  and  en- 
closures then  in  progress,  and  which  were  indispensable  to 
the  secure  keeping  and  accommodation  of  the  convicts;  his 
proposition  embraced  what  I  deemed  the  most  profitable 
employment  of  the  labor  of  the  convicts,  with  the  least 
expenditure  for  which  it  was  practicable  to  attain  the  object 
of  such  an  enlargement  of  the  accommodations  of  the  insti- 
tution as  the  increase  of  the  number  of  convicts  demanded. 
The  plan  proposed  met  my  decided  approbation,  and  as  the 
Warden  proposed  to  incur  the  risk  of  a  legislative  provision 
for  such  advances  as  its  execution  might  require,  I  assured 
him  of  my  hearty  concurrence  in  any  measure  which  the 
legislature  might  think  proper  to  adopt  for  his  indemnifica- 
tion, and  I  learn  from  a  report  which  he  has  made  me,  that 
he  has  very  successfully  prosecuted  the  work  he  contem- 
plated, with  an  expense  even  less  than  he  had  estimated; 
adding  greatly  to  the  comfort  and  security  of  the  convicts, 
and  placing  the  institution  upon  such  a  footing,  as  will  with 
proper  management  enable  us  to  avoid  the  necessity  of 
future  appropriations  for  its  support.  The  Warden's  Of- 
ficial Report  will  explain  to  you  more  at  large  the  nature 
and  extent  of  the  work  he  has  caused  to  be  done  and  the 
expenditure  he  has  incurred;  and  I  respectfully  recommend 
that  provision  be  made  by  law  for  reimbursing  him. 

We  have  still  to  regret  that  our  repeated  appeals  to  Con- 
gress for  the  means  of  completing  this  work,  so  necessary  to 
the  due  execution  of  our  criminal  laws,  have  been  attended 
with  but  little  success,  but  in  the  relation  in  which  we  stand 


GOVERNOR   JOHN   CHAMBERS  275 

to  the  General  Government,  our  claim  for  such  aid,  is  to  my 
mind  so  undeniably  just  and  proper,  that  I  cannot  refrain 
from  recommending  that  it  be  again  presented  and  urged 
upon  the  attention  of  that  body. 

In  my  former  communications  to  the  Legislative  Assem- 
bly, I  have  represented  the  almost  universal  neglect  of  the 
officers  of  the  militia  to  perform  their  duties,  and  especially 
that  their  failure  to  report  the  number  and  equipments  of 
their  respective  commands,  as  required  by  law,  puts  it  out 
of  the  power  of  the  War  Department  of  the  General  Govern- 
ment to  furnish  us  with  the  arms  to  which  we  would  be 
entitled  upon  making  proper  returns.  No  change  has  taken 
place  in  this  respect,  and  if  the  means  of  putting  arms  into 
the  hands  of  our  militia  is  deemed  important  to  the  safety 
of  our  extensive  and  exposed  frontier,  I  would  again  recom- 
mend the  adoption  of  such  measures  as  will  enable  us  to 
obtain  them.  The  causes  which  render  hopeless  any  effort 
to  enforce  the  performance  of  the  official  duties  of  our 
militia  officers,  by  military  means,  are  stated  at  length  in 
my  last  annual  message,  to  which  I  beg  leave  respectfully 
to  refer  you. 

The  law  authorizing  the  organization  of  township  schools, 
seems  to  be  entirely  overlooked  by  those  to  whom  the  duty 
is  committed,  and  it  is  mortifying  to  see  how  little  interest 
the  important  subject  of  education  excites  among  us,  even 
the  school  lands,  or  sixteenth  section,  in  every  township, 
are  found  in  most  cases,  to  be  wholly  neglected,  and  in 
many  to  have  been  converted  to  individual  use,  or  to  have 
been  trespassed  upon  and  pillaged  to  their  great  injury. 
The  value  of  this  provision  for  education  cannot  be  too 


276  MESSAGES  AND   PROCLAMATIONS   OF 

highly  appreciated,  and  I  earnestly  recommend  that  the 
County  Commissioners  in  every  organized  county  be  not 
only  permitted,  but  compelled  in  every  instance  where  the 
school  lands  are  found  in  the  unauthorized  occupancy  of 
individuals,  to  obtain  possession  of  them  by  such  legal 
means  as  may  be  necessary  for  that  purpose,  or  at  their  dis- 
cretion, to  permit  the  occupants  to  become  tenants,  paying 
a  moderate  rent  in  making  improvements  on  the  land  or 
otherwise,  and  covenanting  to  commit  no  waste,  and  to  sur- 
render the  possession  to  them  or  their  successors  in  office, 
at  the  expiration  of  the  term  agreed  upon,  and  that  where 
the  lands  are  not  occupied,  the  County  Commissioners  be 
required  to  protect  them  against  trespassers  and  to  cause 
them  to  be  settled  and  improved  whenever  it  may  be  prac- 
ticable to  do  so. 

Notwithstanding  the  restrictions  imposed  by  Congress 
upon  the  expenditure  of  the  appropriations  for  the  support 
of  the  Territorial  Governments,  I  find  that  the  pay  and 
mileage  of  the  members  of  the  Legislative  Assembly  of  this 
Territory,  the  pay  of  its  officers,  printing  and  other  inci- 
dental and  miscellaneous  expense  of  the  last  session,  amount 
to  about  five  thousand  dollars  more  than  the  appropriations 
made  by  Congress  for  those  objects.  This  is  the  more  to 
be  regretted  because  the  territorial  treasury  does  not  afford 
the  means  of  paying  the  deficiency,  and  the  persons  to  whom 
it  is  payable  are  left  to  the  doubtful  contingency  of  their 
claims  being  paid  at  the  United  States  Treasury,  and  may 
be  compelled  to  wait  a  further  appropriation  by  Congress 
to  satisfy  them;  to  avoid  a  recurrence  of  such  a  state  of 
things,  I  would  respectfully  recommend  that  your  appropri- 


GOVERNOR   JOHN  CHAMBERS  277 

ations  of  the  fund  allowed  by  Congress  for  legislative  pur- 
poses, be  made  as  specific  as  possible,  and  in  no  case  per- 
mitted to  exceed  the  fund  from  which  they  are  to  be  paid. 
Despatch  in  the  discharge  of  your  legislative  duties  and 
economy  in  the  expenditure  of  the  money  appropriated  for 
the  expenses  of  your  session,  may  enable  you  to  leave  a 
considerable  amount  of  that  fund  unexpended,  which,  on 
your  representation,  Congress  would  probably  permit  to  be 
applied  to  the  payment  of  the  deficiency  of  last  year. 

I  beg  you,  gentlemen,  to  be  assured  that  it  will  give  me 
pleasure  to  co-operate  with  you  in  the  adoption  of  such 
measures  as  may  tend  to  promote  the  happiness  and  pros- 
perity of  our  fellow-citizens. 

I  am,  very  respectfully, 

Your  obedient  servant, 

JOHN  CHAMBERS. 


FOURTH  ANNUAL  MESSAGE 

MAY  5,    1845 
From  the  Journal  of  the  House  of  Representatives ^  p.  14 


Fellow  Citizens  of  the  Council,  And  of  tlie  House  of  Repre- 
sentatives: 

Since  the  last  meeting  of  the  Legislative  Assembly,  the 
people  of  the  Territory  have  had  renewed  cause  of  gratitude 
to  the  most  High,  for  the  many  and  great  blessings  with 
which  he  has  favored  them,  and  especially  for  the  general 
prevalence  of  health  and  abundant  supplies  of  the  neces- 
saries and  comforts  of  life. 

The  tide  of  emigration  continues  to  pour  into  our  favored 
land  a  numerous  and  intelligent  population  from  almost 
every  state  of  the  Union,  and  you  enjoy  a  high  and  proud 
privilege  in  representing  in  the  law  making  department  of 
the  Territorial  Government,  a  people  of  whom  it  may  be 
justly  said,  that  in  proportion  to  their  numbers  they  possess 
as  much  intelligence,  morality  and  religion  as  any  other 
within  the  wide  limits  of  our  national  sovereignty.  It  gives 
me  pleasure  to  inform  you  that  the  laws  have  been  duly 
administered,  and  the  duties  of  the  public  functionaries 
faithfully  performed. 

The  Act  of  the  Legislature  of  the  12th  of  February  1844, 
"to  provide  for  the  expression  of  the  opinion  of  the  people 
of  the  Territory  of  Iowa  upon  the  subject  of  a  State  Consti- 
tution for  the  State  of  Iowa"  resulted,  as  you  know,  in  the 


GOVERNOR   JOHN    CHAMBERS  279 

vote  of  a  majority  in  favor  of  a  Constitution,  and  Delegates 
for  a  Convention  having  been  elected  in  conformity  to  the 
provisions  of  the  act,  they  assembled  at  the  Capitol  in 
November  last  and  performed  the  duty  assigned  them. 
The  Constitution  as  it  came  from  the  hands  of  the  Conven- 
tion was  presented  to  Congress  at  the  last  Session,  and  an 
act  was  passed  by  that  body  for  the  admission  of  Iowa  into 
the  Union  as  a  State,  upon  certain  conditions,  among  which 
was  our  acceptance  of  a  boundary  so  greatly  curtailing  on 
the  North  and  West  the  limits  of  the  proposed  State,  as 
included  in  the  boundary  adopted  by  the  Convention,  as  to 
cause  very  general  dissatisfaction  among  the  people  of  the 
Territory — indeed  such  is  the  general  repugnance  to  the 
boundary  offered  us  by  Congress,  that  I  believe  it  will  with 
great  reluctance  be  acceded  to  at  any  time. 

The  vote  taken  at  the  election  in  last  month  for  and 
against  the  Constitution,  in  conformity  to  the  provisions  of 
the  act  of  the  12th  of  February  1844,  to  which  I  have 
before  referred,  though  not  yet  officially  ascertained,  has 
certainly  resulted  in  the  rejection  of  that  instrument,  and 
there  is  reason  to  believe  that  the  boundary  offered  us  by 
Congress  had  much  influence  in  producing  that  result.  The 
rejection  of  the  Constitution  by  the  vote  of  the  people,  will 
impose  upon  you  the  necessity  of  further  legislation  pre- 
paratory to  presenting  anew  to  Congress,  our  claims  to 
admission  into  the  Union. 

The  opinion  prevails  with  many  of  our  fellow  citizens 
that  at  present,  and  under  existing  circumstances  a  majority 
would  prefer  to  remain  under  the  territorial  government,  to 
incurring  the  responsibilities  and  expenses  of  a  State  govern- 


<J80  MESSAGES   AND   PROCLAMATIONS   OF 

ment;  and  a  proper  respect  for  the  respectable  minority 
who  voted  against  a  Convention  last  year,  and  the  well 
known  fact  that  many  who  voted  for  it  have  since  changed 
their  opinion,  would  seem  to  justify,  if  not  require,  that  the 
question  be  again  submitted  to  the  people,  whether  or  not 
they  will  at  this  time  have  a  Convention,  especially  as  no 
time  will  be  lost  in  again  presenting  our  claims  for  admis- 
sion into  the  Union,  if  the  majority  should  at  the  next 
August  election  vote  for  a  Convention — and  in  that  case 
the  course  pursued  under  the  act  of  12th  of  February,  1844, 
would  bring  us  to  the  same  result,  in  time  to  present  the 
Constitution  to  the  new  Congress  at  its  first  session. 

The  contested  boundary  between  the  State  of  Missouri 
and  this  territory  has  recently  produced  consequences  greatly 
to  be  regretted.  Two  individuals,  the  Sheriff  and  deputy 
Sheriff  of  the  county  of  Adair,  in  Missouri,  which  has  been 
so  organized  as  to  embrace  a  part  of  our  county  of  Davis, 
have  been  indicted  in  that  county. — The  Sheriff  for  exercis- 
ing his  office  within  our  boundary,  without  legal  authority, 
and  contrary  to  our  Statute,  and  the  deputy  for  arresting  in 
Davis  county  and  falsely  imprisoning  a  citizen  of  this  terri- 
tory. In  the  latter  case  a  trial  was  had  at  the  last  term  of 
the  District  Court  in  that  county,  which  resulted  in  a  con- 
viction and  sentence  of  fine  and  ten  days  imprisonment  in 
the  Penitentiary.  The  trial  of  the  Sheriff  was  continued 
until  the  next  term  of  the  Court,  and  upon  his  refusal  to 
enter  into  a  recognizance  (without  security)  for  his  appear- 
ance, the  Court  ordered  him  to  be  committed  to  prison. 
The  moment  I  received  such  information  in  relation  to  these 
transactions  as  I  could  rely  upon,  I  pardoned  Linder,  (the 


GOVERNOR   JOHN   CHAMBERS  281 

convicted  deputy  Sheriff)  and  remitted  his  fine,  and  at  the 
same  time  pardoned  Mullinix  the  Sheriff,  the  offence  for 
which  he  stood  indicted,  and  directed  the  officers  having 
him  in  custody  to  release  him.  There  can  be  no  doubt  that 
these  men  in  the  commission  of  the  offences  against  our  laws, 
for  which  they  were  indicted  acted  under  the  authority  of 
the  State  of  Missouri,  and  in  what  they  considered  the  dis- 
charge of  their  official  duty,  and  hence,  as  well  to  satisfy 
the  authorities  of  Missouri  that  we  are  by  no  means  disposed 
to  prosecute  this  unfortunate  controversy  in  a  vindictive 
spirit,  I  deemed  it  my  duty  to  relieve  their  citizens  from 
the  difficulties  into  which  they  had  fallen.  This  contro- 
versy is  to  be  regretted,  not  only  for  the  immediate  and 
probable  effects  of  it,  but  because  the  Territorial  Govern- 
ment has  no  power  to  adjust  it,  or  join  in  the  submission  of 
it  to  a  competent  tribunal.  Congress  by  an  act  entitled 
"An  act  respecting  the  Northern  boundary  of  the  State  of 
Missouri,"  approved  June  17th  1844,  authorized  the  State 
of  Missouri,  if  her  Legislature  thought  proper  to  assent  to 
the  provisions  of  the  act,  to  appoint  one  Commissioner,  and 
the  Territorial  authorities  to  appoint  one,  and  authorized 
the  two  so  appointed  to  select  a  third  to  act  with  them  in 
the  adjustment  of  this  controversy,  and  the  Legislature  of 
Missouri,  as  I  learn  from  a  copy  of  the  Message  of  the  Gov- 
ernor of  that  State,  passed  an  act  to  carry  into  effect  the  act 
of  Congress,  but  the  Governor  declined  to  approve  it  and 
returned  it  with  objections  to  its  passage,  and  I  have  under- 
stood, (though  not  officially  informed  of  it,)  that  the 
measure  failed,  so  that  the  controversy  remains  as  it  stood 
before  the  passage  of  the  act  of  Congress.  I  send  you  a 


282  MESSAGES   AND   PROCLAMATIONS   OF 

copy  of  a  letter  which  I  addressed  to  the  Governor  of  Mis- 
souri on  the  occasion  of  the  discharge  of  the  individuals 
prosecuted  in  Davis  county,  and  respectfully  recommend 
that  you  take  the  lead  in  applying  to  Congress  to  make  pro- 
vision for  an  immediate  legal  adjustment  of  the  controversy. 
Until  it  can  be  finally  settled  there  will  be  constant  danger 
of  collision  between  the  authorities  of  Missouri  and  those  of 
this  Territory,  and  citizens  holding  office  under  either  Gov- 
ernment, will  be  subject  to  much  inconvenience,  and  pos- 
sibly to  injury  for  the  discharge  of  what  they  are  constrained 
to  consider  their  official  duties.  The  territorial  government 
has  no  power  to  surrender  the  disputed  territory,  if  they 
were  disposed  to  do  so,  (which  they  certainly  are  not;)  it 
has  been  committed  to  us  by  the  General  Government,  and 
we  have  at  all  times  exercised  jurisdiction  over  it — to 
abandon  it  therefore  would  be  a  dereliction  of  duty,  not 
only  to  the  government  of  the  United  States,  but  to  its 
inhabitants,  who  claim  to  be  citizens  of  this  territory,  and 
demand  the  protection  of  its  laws;  some  years  ago  this  con- 
troversy came  very  near  producing  armed  hostilities  between 
the  state  of  Missouri  and  this  Territory.  My  predecessor 
in  office,  on  that  occasion,  called  a  portion  of  the  Militia 
into  service  to  protect  our  citizens  resident  within  the  dis- 
puted tract  of  country,  against  the  exercise  of  the  jurisdic- 
tion of  Missouri  over  them,  in  doing  so  he  acted  in  the  dis- 
charge of  a  duty  which  evidently  resulted  from  the  relation 
in  which  the  Territory  stands  to  the  government  of  the 
Union;  but  it  would  seem  from  the  repeated  refusals  of 
Congress  to  provide  for  the  payment  of  the  officers  and  men 
called  into  service  on  that  occasion,  that  the  effort  then 


GOVERNOR   JOHN   CHAMBERS  283 

made  to  sustain  the  right  of  the  United  States  against  the 
claims  of  Missouri,  was  not  considered  as  authorized,  and 
hence  it  may  reasonably  be  feared  that  our  citizens  would 
with  great  reluctance  perform  a  service  which  receives 
neither  money  nor  thanks  from  those  for  whom  it  would  be 
rendered.  But  it  is  hoped  that  a  necessity  will  not  again 
occur  for  putting  their  patriotism  to  such  a  test;  the  idea  of 
a  resort  to  arms  between  neighbors,  citizens  of  the  same 
government,  in  such  a  controversy  cannot  be  tolerated,  but 
in  a  case  of  extreme  necessity,  I  respectfully  submit  the  sub- 
ject to  your  consideration,  and  recommend  that  such  meas- 
ures may  be  adopted  as  you  may  consider  best  calculated  to 
protect  our  citizens  resident  within  the  disputed  boundary, 
against  the  necessity  of  submitting  to  the  laws  of  two  dis- 
tinct and  independent  governments,  and  of  being  held  liable 
to  be  punished  for  resistance  to  either,  and  by  both  for  any 
offence  against  the  penal  laws  common  to  both. 

Our  Indian  neighbors  within  the  Iowa  Superintendency 
have  conducted  themselves  with  more  than  ordinary  pro- 
priety during  the  last  winter  and  present  spring.  The  Sacs 
and  Foxes,  with  a  few  exceptions  among  the  latter,  give 
strong  assurance  of  their  intention  to  remove  next  autumn 
from  the  Western  part  of  the  lands  ceded  by  them  to  the 
United  States,  by  the  treaty  of  October,  1842.  Their  re- 
moval will  open  an  extensive,  fertile  and  beautiful  portion 
of  the  territory  to  immediate  settlement,  and  subject  it  to 
the  laws  of  the  Territory.  I  would  therefore  respectfully 
recommend  that  provision  be  made  by  law  for  attaching  it, 
prospectively,  to  the  adjacent  organized  counties  for  judicial 
and  other  purposes. 


a 84  MESSAGES   AND   PROCLAMATIONS   OF 

In  November  last,  the  government  of  the  United  States 
made  a  second  unsuccessful  effort,  to  induce  the  Winnebagoe 
Indians  to  relinquish  the  Neutral  Ground  and  take  up  their 
residence  in  some  part  of  the  country,  appropriated  to  the 
use  of  the  Indian  tribes  removed  by  government  from  within 
the  limits  of  the  States.  This  policy  of  the  government  in 
reference  to  the  Indians,  however  unjustly  it  may  seem  to 
operate  in  some  particular  instances,  is  for  the  most  part 
humane  and  wise,  and  considered  in  reference  to  the  present 
condition  and  future  prospects  of  the  Winnebagoes,  is  pecu- 
liarly so.  The  large  annuities  paid  by  government  and 
the  total  insufficiency  of  the  laws  enacted  for  their  protec- 
tion against  the  avaricious  feelings  and  demoralizing  prac- 
tices of  the  whites,  doom  them  (unless  speedily  relieved)  to 
become  the  certain  victims  of  that  rage  for  intoxicating 
drinks,  to  which  the  indolent  and  irregular  habits  of  the 
Indian  race  render  them  particularly  liable.  They  have 
become  perhaps  the  most  degraded  of  all  the  western  tribes 
— they  have  no  longer  the  habits  of  the  Red  Man — the 
chase  is  almost  abandoned,  and  the  Council  fires,  if  kindled 
at  all,  seem  only  intended  to  light  up  the  wretched  scene 
of  their  drunkenness  and  debauchery.  The  money  and  pro- 
visions furnished  them  by  government  would  render  them, 
in  a  location  suited  to  their  habits  and  remote  from  the 
poisonous  influences  which  now  surround  them,  entirely 
independent  of  any  of  those  casualties  affecting  the  means 
of  living  of  the  most  favored  communities,  but  so  long  as 
they  are  supplied  with  liquor  by  the  abandoned  and  profli- 
gate scoundrels  engaged  in  this  most  nefarious  traffic,  they 
will  continue  to  diminish  in  numbers  and  to  descend  if  possi- 


GOVERNOR   JOHN   CHAMBERS  285 

ble,  into  still  lower  depths  of  degradation.  Neither  a  regard 
for  the  comforts  of  the  Indians  themselves,  nor  the  peace 
and  safety  of  the  white  population  residing  near  them,  seem 
to  impose  the  least  restraint  upon  these  abandoned  and 
unprincipled  men,  while  the  immense  profits  accruing  from 
the  successful  prosecution  of  their  trade  furnish  the  ready 
means  of  defraying  the  pecuniary  penalties  imposed  by  law, 
and  leave  an  ample  remuneration  for  their  most  philan- 
thropic labors.  I  have  continued  to  urge  upon  your  consid- 
eration at  each  successive  session,  the  importance  of  further 
and  more  severe  legislation  upon  this  subject,  and  I  now 
again  respectfully  suggest  the  propriety  of  such  additional 
legislation  as  will  restrain  the  practices  referred  to.  The 
consequences  resulting  from  the  continuance  of  this  traffic, 
are  shocking  to  humanity,  and  disgraceful  to  a  Christian 
people.  We  have  undertaken  the  guardianship  of  this 
unfortunate  race,  and  are  responsible  for  its  faithful  execu- 
tion, and  I  know  no  reason  why  the  persons,  as  well  as  the 
purses  of  this  class  of  offenders  should  not  be  reached,  if 
necessary  for  the  attainment  of  the  object. 

Our  Statutory  Code  seems  to  be  satisfactory  to  the  people, 
and  I  am  not  aware  that  any  material  changes  in  it  are  nec- 
essary. No  provision  has  been  made  for  the  publication  of 
the  acts  of  the  extraordinary  session  of  the  Legislature  held 
in  the  month  of  June  of  last  year.  I  beg  leave  therefore  to 
suggest  the  propriety  of  providing  for  their  publication  with 
the  acts  of  the  present  session. 

The  appropriation  made  last  year  by  Congress  for  the 
expenses  of  your  session,  was  made  subject  to  the  payment 
of  the  arrearages  of  expenses  of  previous  sessions,  and  has 


286  MESSAGES   AND    PROCLAMATIONS   OF 

been  so  far  applied  to  that  purpose,  as  to  make  it  necessary 
that  your  present  session  should  be  a  short  one,  to  bring 
the  expenses  of  it  within  the  amount  remaining  in  the  hands 
of  the  Secretary  for  their  payment,  and  I  earnestly  recom- 
mend that  it  may  not  be  exceeded.  The  creation  of 
demands  against  the  Territory,  for  the  payment  of  which 
the  Treasury  affords  no  means,  under  the  expectation, 
(which  may  be  disappointed, )  that  Congress  will  provide 
for  them,  is  productive  of  great  inconvenience  to  those  to 
whom  they  are  payable,  and  ought  to  be  avoided.  I  there- 
fore respectfully  recommend  despatch  in  the  performance 
of  your  duties,  and  beg  leave  to  assure  you  of  my  readiness 
to  co-operate  with  you  in  any  measure  tending  to  the  pro- 
motion of  the  general  good. 

I  am,  very  Respectfully,  Your  ob't.  Serv't., 

JOHN  CHAMBERS. 

IOWA  CITY,  MAY  5,   1845. 


EXECUTIVE  OFFICE,  BURLINGTON,  IOWA, 

April  19,  1845. 

Sir: — I  have  this  moment  learned  with  deep  regret,  that  a  citizen 
of  Missouri,  known  by  the  name  of  William  P.  Linder,  has  been 
tried  and  convicted  in  the  county  of  Davis  in  this  Territory,  upon  an 
indictment  for  an  assault  and  battery,  and  kidnapping  and  falsely 
imprisoning  one  Frederick  Acheson,  a  citizen  of  this  Territory,  and 
that  the  charge  involves  a  question  of  jurisdiction  over  the  tract  of 
country  claimed  by  Missouri  within  the  assigned  limits  of  Iowa. 
Mr.  Linder,  as  I  learn,  justified  the  arrest  which  gave  rise  to  the 
prosecution  against  him,  under  legal  process  issued  by  authority 
from  the  county  of  Adair,  in  Missouri,  and  put  into  his  hands  as  a 


GOVERNOR   JOHN   CHAMBERS  287 

deputy  Sheriff  of  that  county.  No  official  communication  of  the 
arrest  of  Mr.  Linder,  or  the  circumstances  which  gave  rise  to  it,  had 
been  made  to  me,  and  the  rumor  of  the  collision  had  passed  away, 
under  the  impression  on  my  part,  and  that  of  the  judge  and  prosecut- 
ing attorney  of  the  Judicial  District,  that  it  had  been  a  mere  personal 
collision  between  individuals,  of  which  it  would  be  the  better  course 
to  take  no  notice;  but  at  the  commencement  of  the  term  of  the  terri- 
torial District  Court  in  Davis  county  last  Monday,  Mr.  Preston 
Mullinix  Sheriff  of  your  county  of  Adair,  and  Mr.  William  P.  Lin- 
der (the  individual  convicted)  presented  themselves  in  discharge  of 
recognizances  into  which  they  had  entered,  and  demanded  to  be  tried. 
The  case  of  Mr.  Mullinix  was  postponed  until  the  next  term,  and 
upon  his  refusal  to  give  his  individual  recognizance  for  his  appear- 
ance at  the  next  term  of  the  Court,  he  was  of  necessity,  ordered  to 
be  committed  to  prison.  Mr.  Linder  having  urged  an  immediate 
trial,  was  indulged  in  it,  and  the  result  was  as  I  have  stated,  the 
effects  of  which,  as  far  as  he  is  concerned,  I  have  hastened  to  prevent 
by  extending  to  him  an  unconditional  pardon.  I  have  also  pardoned 
Mr.  Mullinix  the  offence  imputed  to  him  and  ordered  him  to  be  re- 
leased from  custody. 

Your  Excellency  will,  I  feel  confident,  unite  with  me  in  deeply 
regretting  the  effects  of  this  unfortunate  conflict  of  jurisdiction  which 
has  given  rise  to  these  prosecutions,  and  will  see  the  unpleasant  pre- 
dicament in  which  the  territorial  authorities  are  placed.  Without 
power  to  adjust  the  dispute,  and  yet  bound  to  maintain  jurisdiction 
over  the  limits  assigned  them  by  the  General  Government,  or  be  con- 
sidered unfaithful  to  their  trust.  You  will  observe  that  by  thus 
presenting  the  subject  I  intentionally  avoid  any  discussion  of  the 
question  of  boundary — it  would  be  useless  for  us  to  discuss  that 
question  while  Iowa  remains  without  power  to  adjust  it,  or  enter 
into  any  arrangement  by  which  it  can  be  judicially  settled;  and  here 
it  is  proper  that  I  should  inform  you,  that  it  is  well  understood  here, 
though  not  yet  officially  ascertained,  that  the  people  have  at  their 
election  held  on  the  first  Monday  in  this  month,  refused  to  accept 


288  MESSAGES   AND   PROCLAMATIONS   OF 

the  Constitution  prepared  for  them  by  their  convention.  Thus  cir- 
cumstanced the  territorial  authorities  can  exercise  no  control  over 
this  difficult  controversy;  and  it  must  for  the  present  remain  between 
the  United  States  Government  and  that  of  Missouri.  Your  Excel- 
lency will  therefore  I  hope  pardon  me  for  suggesting  the  propriety 
of  an  application  from  the  State  authorities  of  Missouri  to  Congress, 
for  permission  to  litigate  the  subject  of  boundary  either  with  the  ter- 
ritorial government  or  directly  with  that  of  the  United  States.  Such 
an  application  would,  I  have  no  doubt,  be  seconded  by  the  Legisla- 
tive Assembly  of  this  Territory,  and  the  embarassments  created  by 
this  vexed  question  be  thus  gotten  rid  of.  I  had  hoped  that  the  act 
of  Congress  entitled,  "An  act  respecting  the  Northern  Boundary  of 
the  State  of  Missouri,"  approved  June  17th  1844,  might  have  lead 
to  a  speedy  and  amicable  adjustment  of  this  dispute,  but  I  have  been 
favored  with  your  Excellency's  objections  to  the  bill  passed  by  the 
Senate  and  House  of  Representatives  of  your  State,  giving  her  con- 
sent to  the  matter  of  adjustment  proposed  by  the  act  of  Congress, 
and  have  therefore  taken  the  liberty  to  suggest  another  mode,  or 
rather  an  application  to  Congress  to  authorise  another  mode,  of  ad- 
justment. In  the  meantime,  I  have  entire  confidence  that  your 
Excellency,  will  unite  with  me  in  using  every  practicable  means  of 
prohibiting  further  collision  between  the  authorities  of  your  State 
and  those  of  this  Territory,  until  the  existing  difficulty  can  be 

removed. 

I  have  the  honor  to  be, 

With  great  respect, 

Your  Excellency's  Ob't.  Serv't., 
(Signed)  JOHN  CHAMBERS. 

His  Excellency, 

JOHN  C.  EDWARDS,  Governor  of  Missouri. 


VETO  MESSAGES 


TO   THE   COUNCIL  AND  HOUSE   OF  REPRESENTA- 
TIVES 

DECEMBER  13,  1841 
From  the  Journal  of  the  House  of  Representatives,  p.  29 


EXECUTIVE  OFFICE,  IOWA  CITY,  13th  Dec.,  1841. 
To  the  Council  and  House  of  Representatives: 

I  return  to  the  House  of  Representatives,  in  which  it 
originated,  the  joint  resolution  "relative  to  carrying  the 
mail  from  Iowa  City  to  Keosauqua,"  &c.,  with  my  objec- 
tions to  it. 

Without  entering  into  the  question,  whether  the  power 
"to  establish  post  offices  and  post  roads"  conferred  by  the 
Constitution  of  the  United  States  upon  Congress,  precludes 
the  exercise  of  like  powers  by  the  States  and  Territories?  and 
without  questioning  the  power  of  the  Legislative  Assembly 
of  this  Territory  to  employ  special  messengers  for  any  nec- 
essary purpose,  I  am  entirely  satisfied,  that  the  exercise  of 
such  a  power  as  is  proposed  by  this  resolution,  cannot  be 
effected  through  the  instrumentality  or  agency  of  the  post- 
masters appointed  by,  and  acting  under  the  authority  of  the 
General  Government,  without  a  departure,  on  their  part, 
from  their  duties  and  obligations  to  the  Post  Office  Depart- 
ment; and  not  being  willing  to  request  an  officer  of  the 
Government  to  do  an  act  which  I  should  consider  a  viola- 


290  MESSAGES   AND   PROCLAMATIONS   OF 

tion  of  his  duty,  I  am  constrained  to  withhold  my  signature 
and  approval  from  this  joint  resolution. 

Very  respectfully,  your  obedient  servant, 

JOHN  CHAMBERS. 


TO    THE  HOUSE   OF  REPRESENTATIVES 

FEBRUARY  9,  1842 
From  the  Journal  of  the  House  of  Representatives,  p.  231 


EXECUTIVE  OFFICE,  IOWA  CITY,  9th  February,  1842. 
To  the  Speaker  of  the  House  of  Representatives: 

I  return  to  the  House  of  Representatives,  in  which  it 
originated,  an  act  entitled  "An  act,  appointing  an  Acting 
Commissioner  at  Iowa  City,  defining  his  duties,  and  for 
other  purposes,"  which  has  been  presented  to  me  for 
approval  and  signature.  It  creates  an  office  and  appoints 
an  individual  by  name  to  fill  it,  it  provides  a  salary  for  him 
and  defines  his  duties.  The  act  of  Congress  entitled  "An 
act  to  divide  the  Territory  of  Wisconsin  and  establish  the 
Territory  Government  of  Iowa,"  contains  the  following  pro- 
visions: "The  Governor  shall  nominate  and  by  and  with 
the  advice  and  consent  of  the  Legislative  Council  shall 
appoint  all  judicial  officers,  justices  of  the  peace,  sheriffs, 
and  militia  officers,  except  those  of  the  staff,  and  all  civil 
officers  not  herein  provided  for. "  Of  this  latter  description, 
I  take  the  office  to  be,  whose  appointment  as  Commissioner 
this  act  assumes  to  make.  I  consider  it,  therefore,  mani- 
festly in  conflict  with  that  provision  of  the  Organic  Law,  to 
which  I  have  referred,  and  for  that  reason,  cannot  approve 
it.  JOHN  CHAMBERS. 


GOVERNOR   JOHN   CHAMBERS  291 

TO   THE   COUNCIL  AND  HOUSE    OF  REPRESENTA- 
TIVES 

JANUARY  7,  1843 
From  the  Journal  of  the  Council,  p.  49 


EXECUTIVE  OFFICE,  IOWA  CITY,  7th  January,  1843. 
To  the  Council  and  House  of  Representatives: 

I  return  to  the  Council,  in  which  it  originated,  a  joint 
memorial  to  Congress  on  the  subject  of  running  and  mark- 
ing the  temporary  boundary  line  between  that  portion  of 
the  land  ceded  to  the  United  States  by  the  late  treaty  with 
the  Sac  and  Fox  Indians,  which  they  are  to  occupy  for  a 
time,  and  that  portion  of  it,  which  they  are  to  surrender  the 
possession  on  the  first  day  of  May  next. 

The  memorial  recites,  that  the  Indians  are,  by  the  pro- 
visions of  the  treaty,  to  retain  as  their  home  and  abiding 
place  for  the  term  of  three  years,  from  and  after  the  first 
day  of  May  next,  all  that  part  of  the  country  lately  ceded 
by  them  to  the  United  States,  lying  west  of  a  line  running 
due  north  from  the  northern  boundary  of  the  State  of  Mis- 
souri, and  crossing  the  Des  Moines  river,  at  the  mouth  of 
the  White-breast. 

Having  acted  as  the  Commissioner  of  the  United  States, 
in  negotiating  the  treaty  referred  to,  I  am  enabled  to  state 
to  the  Council  and  House  of  Representatives,  that  they  have 
been  misinformed  as  to  the  time,  during  which  the  Indians 
have  reserved  the  right  to  occupy  the  lands  west  of  the  line 
alluded  to,  and  also  as  to  the  point  at  which  that  line  is  to 
intersect  the  Des  Moines. 

The  reservation  of  the  right  to  occupy  a  part  of  the  ceded 


MESSAGES   AXD   PROCLAMATIONS  OF 


«vnrsnr.   :>  f-.>r  i^ee  ytare  £rv>m  the  day  the  treaty 

and  tin  point  of  iaferm 


afoKPcsaid.  3?-  r££±i  T'^jfs  when  reduced  to  a  afanjcjht  line*  ap 

vita  the  DOB 


I  have  explained.  I 
XHT  approbation  of  it.     I  wonUL,  how- 
io  s&ue  to  the  CooncQ  ami 
:  s,  xJnaft  tke  treaty  to  which  their 

ftML-nair**  A  <np«ladoa  that  the  Pncaadea*  of 
•,?AH  is  dooai  afiber  the  iatincatioa\  as  may 

:'_-    :-.-  :•:.    r..C  :-  ./---- 


YovobY 

Qi 


TlfJf  ff&r'&E  OF  REPRESENTATIVES 


Ifa 


r,  IOWA  Gnr9  l«ta  F«fcrwuy, 
to  the  Hoaoe  of  ffmaiiBnalaliiiM  in  which  it 
a  bfll  entitled  "am  act  to  «fi*me  certaii 
thenin  named.  ^  with  my  objections  to  it. 

This  biU  ptmidei  for  ditmeing  no  kse  than 
eonpfes,  who  have  been  hw€atty  joined  in  marriage.     It 
proposes  to  rend  asander  the  moat  aacred  tin  by  whkk 

in  the  eonseqnaoaeem.  the  anonVmtmir  '"^H""""P  of 


GOVERNOR  JOHN  CHAMBERS 

those  marriages,  and  leaving  them  to  the  mortifying  eon- 
seionsDess  that  one  of  those  to  whom  they  owe  their  exist- 
ence, stands  branded  bj  a  grave  and  solemn  act  of  legisla- 
tion, as  being  unworthy  of  the  relation  in  which  they  stand 
to  each  other. 

At  an  early  period  of  the  present  session,  the  House  of 
Bepresentati  ves  adopted  a  resolution,  declaring  in  effect  that 
:* 


mony  ,  which  I  believe  remains  ranrevoked,  otherwise  than 
by  the  passage  of  this  ball.     Hence  it  is  reasonable  to  pre- 

sume :_v.  :i  -•-  against  wl:   n   -~:  :.  i.'  '  1:  ^::   i-  :•.•:  .--^-li- 

r* 

live  interposition,  was  cmttemplated.  if  they  happened  to 

X  M.  *f  M.  M. 

have  notice  of  them,  were  thrown  completely  off  their  guard 
and  rested  satisfied  that  no  such  legislation  would  be  coon- 
iBBanced  by  thai  l*ody,  Kt  :'L-.  :  r-r^i:  --'.-:.  L.. 
ad  'jTi.i  .:  :Li.:  :--  I.T:  :..  I-.L  :-../:  i..-  :  :.—-  :•:  "•...-.! 


of  tile  liegislaijiire,  and  has  become  a  law,  declaring  the 
causes  for  which  divorces  shall  be  decreed  by  the  courts, 
and  prescribing  the  manner  of  proceeding  in  such  rilOTi 
This  act  seems  to  me,  to  embrace  all  the  ordinary  causes 
for  which  divorces  are  usually  demanded.  It  makes  poo- 
vision  for  hearing  the  parties,  and  gives  those  against  whom 
causes  of  divorce  are  alleged,  an  opportunity  of  df  mind  ing 
legal  and  competent  truth  of  such  allegations. 

r  « 

If  to  the  dissolution  of  a  connection  so  important,  by  a 

dee:---  :  yo.:  :--:--i:->.  ::  >  Ir-::_*I  ::  .  :-:  '.'.  zi"^  ~~~-  ]--";" 
accused  an  <»j  .'j>c»rtunifef  to  be  heard,  and  to  guard  against 
the  danger  of  injuntifr  from  an  ex  parte  proceeding,  why 
are  those  safe  guards  to  f"*"*""  and  justice  Jem 

when  :^T  sane  resull  i-  :•:  '•>-.  ;:  -l^.-r-l  -y  :.L  '*:-. 


294  MESSAGES   AND   PROCLAMATIONS   OF 

tion?  Why  not  summon  the  individuals  whose  rights  are 
to  be  effected  by  your  acts?  Why  not  give  them  an  oppor- 
tunity to  cross  examine  the  witnesses  upon  whose  evidence 
their  most  important  interests  are  to  be  decided,  and  upon 
which,  in  most  cases,  their  future  respectability  and  stand- 
ing in  society  is  to  depend. 

There  is  an  intrinsic  cruelty,  as  well  as  manifest  injustice, 
in  releasing  a  man  from  the  solemn  obligation  entered  into 
at  the  altar,  to  "love  and  cherish"  a  helpless  and  confiding 
woman,  and  at  the  same  time  to  stigmatize  her  as  unworthy 
to  claim  the  performance  of  the  contract,  without  even 
granting  her  the  privileges  secured  by  the  constitution  and 
laws  of  every  free  country,  to  persons  accused  of  the  most 
trivial  offences,  of  being  "informed  of  the  nature  and  cause 
of  the  accusation"  and  of  being  heard  by  themselves  and 
their  counsel. 

It  is  held  by  many  whose  opinions  are  entitled  to  respect, 
that  the  obligations  contracted  by  husband  and  wife,  on 
being  united  in  marriage,  are  of  that  description  which  were 
intended  to  be  protected  by  that  provision  of  the  Constitu- 
tion of  the  United  States,  which  prohibits  to  the  several 
states,  the  enactment  of  any  law  "impairing  the  obligation 
of  contracts;"  but  whether  they  constitute  a  contract  within 
the  meaning  of  the  expression  as  used  in  the  Constitution, 
or  not,  it  must  be  conceded  that  the  undertaking  is  of  at 
least  as  high  import  to  the  parties,  and  of  more  interest  to 
those  connected  with  them,  and  to  society  in  general,  than 
any  contract  merely  effecting  pecuniary  matters,  and  ought 
not  therefore  to  be  abrogated  or  "impaired,"  but  upon  the 
clearest  evidence  of  necessity,  and  upon  the  fullest  oppor- 


GOVERNOR   JOHN    CHAMBERS  295 

tunity  given,  of  thorough  'investigation  in  the  presence  of 
the  parties  or  their  specially  authorized  representatives. 

The  theory  of  our  government  teaches,  that  the  most  per- 
fect security  to  liberty  and  to  individual  rights,  is  to  be 
found  in  the  distribution  of  its  powers  among  three  distinct 
bodies  of  magistracy,  and  the  confinement  of  each  within 
the  sphere  prescribed  by  the  Constitution  for  its  action.  I 
submit  then,  that  the  concurrent  exercise  of  the  power  to 
dissolve  the  bonds  of  matrimony,  by  the  legislative  and 
judicial  departments,  is  a  departure,  and  a  dangerous  one, 
from  the  principles  of  our  government  and  ought  to  cease. 
If  the  powers  conferred  by  law  upon  the  judiciary,  are  found 
too  limited,  let  them  be  enlarged;  still  securing  to  the 
parties  implicated,  the  unalienable  and  invaluable  right  of 
defending  themselves,  and  of  demanding  the  production  of 
legal  and  competent  evidence  against  them,  before  sentence 
of  divorce  is  pronounced. 

I  have  heretofore  given  a  reluctant  approval  to  acts  affect- 
ing individual  cases  of  this  kind,  but  more  mature  reflection 
and  an  examination  of  our  statute  books,  in  connection  with 
this  bill,  satisfies  me  that  too  much  facility  and  encourage- 
ment has  been  given  to  applications  for  legislative  interposi- 
tion in  such  cases,  and  that  it  will  be  more  safe  and  more 
consistent  with  the  principles  of  our  government  to  leave 
them  to  judicial  action,  than  to  continue  to  legislate  for 
each  particular  case. 

JOHN  CHAMBERS. 


296  MESSAGES   AND   PROCLAMATIONS   OF 

TO    THE   COUNCIL 

JULY  6,   1845 
From  the  Journal  of  the  House  of  Representatives,  p.  204 


EXECUTIVE  DEPARTMENT,  JOWA  CITY, 
June  6th,  1845. 

I  return  to  the  Council,  in  which  it  originated,  the  act, 
entitled — "An  act  to  submit  to  the  people  the  draft  of  a 
Constitution  framed  by  the  late  Convention,"  with  my 
objections  to  it. 

The  act  of  the  Legislature,  under  the  provisions  of  which 
the  late  Convention  assembled,  expressly  reserves  to  the  peo- 
ple, the  right  to  vote  for  or  against  the  Constitution,  at  the 
April  election  succeeding  its  formation;  and  the  ordinary 
course  would  have  been,  to  await  the  action  of  the  people 
upon  it,  before  presenting  it  to  Congress,  and  asking  admis- 
sion into  the  Union;  but  the  Convention  did  not  deem  it 
necessary  to  do  so,  and  at  the  close  of  their  labors  adopted 
a  memorial  to  Congress,  asking  to  be  received  into  the 
Union.  This  application  for  admission,  before  the  people 
had  determined  whether  they  would  adopt  or  reject  the 
Constitution,  though  out  of  the  usual  course,  was  the  less 
objectionable,  because  the  Constitution  put  Congress  in 
possession  of  the  fact,  that  it  was  subject  to  be  rejected,  if 
such  should  be  the  pleasure  of  the  qualified  electors  of  the 
Territory,  at  the  April  election  of  the  present  year.  That 
provision  of  the  Constitution  will  be  found  in  the  sixth  sec- 
tion of  the  thirteenth  article  in  the  following  words:  "This 
Constitution,  together  with  whatever  conditions  may  be 
made  to  the  same  by  Congress,  shall  be  ratified  or  rejected 


GOVERNOR   JOHN    CHAMBERS  297 

by  a  vote  of  the  qualified  electors  of  this  Territory,  at  the 
Township  Elections  in  April  next,  in  the  manner  prescribed 
by  the  act  of  the  Legislative  Assembly,  providing  for  hold- 
ing this  Convention:  Provided,  however,  that  the  General 
Assembly  of  this  State  may  ratify  or  reject  any  conditions 
Congress  may  make  to  this  Constitution  after  the  first  Mon- 
day in  April  next." 

Congress  did  make  provision  for  the  admission  of  Iowa, 
by  an  act,  entitled,  "An  act  for  the  admission  of  the  States 
of  Iowa  and  Florida  into  the  Union,"  in  which  will  be  found 
the  following  provision,  "that  it  is  made  and  declared  to 
be  a  fundamental  condition  of  the  admission  of  the  said 
State  of  Iowa  into  the  Union,  that  so  much  of  this  act  as 
relates  to  the  said  State  of  Iowa,  shall  be  assented  to  by  a 
majority  of  the  qualified  electors  at  their  Township  Elec- 
tions, in  the  manner,  and  at  the  time  prescribed  in  the  sixth 
section  of  the  thirteenth  article  of  the  Constitution  adopted 
at  Iowa  City,  the  first  day  of  November,  Anno  Domini 
eighteen  hundred  and  forty -four,  or  by  the  Legislature  of 
the  said  State."  It  will  be  seen  that  this  provision  of  the 
act  of  Congress  goes  beyond  the  Constitution,  in  providing 
that  the  Legislature  of  the  State  may,  as  well  as  the  quali- 
fied electors,  assent  to  the  provisions  of  that  act;  but  it  is 
difficult  to  comprehend  how  a  Legislature  of  the  State  can 
assent  to  or  reject  terms  of  admission,  the  acceptance  of 
which  is  "declared  to  be  a  fundamental  condition,"  of  our 
becoming  a  State. 

The  power  to  reject  or  accept  the  conditions  upon  which 
our  entrance  into  the  Union  was  made  to  depend,  having 
been  thus  plainly  presented  to  us,  it  is  not  easy  to  account 


298  MESSAGES   AND   PROCLAMATIONS   OF 

for  the  fact  that  no  poll  was  opened  or  vote  taken  at  the 
April  election,  for  or  against  the  ratification  of  the  condi- 
tions upon  which  Congress  had  provided  for  our  admission. 
Owing  to  this  unfortunate  oversight,  and  without  appearing 
to  be  aware  of  their  right  to  accept  or  reject  those  condi- 
tions by  a  direct  vote  at  the  April  election,  a  question  was 
raised  among  the  people,  whether  the  adoption  of  the  Con- 
stitution would,  as  a  necessary  consequence,  cany  with  it 
the  adoption  of  the  boundary  for  the  new  State,  proposed 
by  Congress;  or,  in  other  words,  the  people  did  not  seem 
to  understand  that  they  possessed  the  same  right  to  vote 
upon,  and  accept  or  reject  the  boundaries,  that  they  had  in 
reference  to  the  Constitution  itself,  and  this  confusion  in  the 
public  mind,  "there  is  reason  to  believe,  had  much  influence 
in  producing  the  rejection  of  the  Constitution." 

This  view  presents  an  outline  of  the  proceedings  in  rela- 
tion to  our  effort  to  obtain  admission  into  the  Union;  out  of 
them  has  arisen  a  necessity  for  further  legislation  to  carry 
out  the  previously  expressed  wish  of  the  people  to  throw  off 
the  Territorial  Government,  or  to  ascertain  whether  that 
wish  is  still  entertained. 

I  had  the  honor,  at  the  commencement  of  your  present 
session,  in  my  Message  to  the  two  Houses,  to  suggest  the 
course  of  legislation  which  I  thought  best  calculated  to  give 
general  satisfaction  in  relation  to  this  matter,  and  which,  if 
adopted,  would  have  enabled  us,  if  such  had  appeared  to  be 
the  will  of  the  majority,  to  present  anew  to  Congress,  at 
the  commencement  of  the  next  session,  and  wish  to  be 
admitted  as  a  member  of  the  Union.  Of  that  particular 
course,  however,  I  am  not  at  all  tenacious.  There  is  no 


GOVERNOR   JOHN   CHAMBERS  299 

Constitutional  provision  or  established  usage  which  should 
restrain  a  Territorial  Legislature  from  directing  polls  to  be 
opened  for  the  purpose  of  ascertaining  the  will  of  the  con- 
stituent body  in  relation  to  the  adoption  or  rejection  of  any 
proposition  for  forming  a  Constitution,  or  adopting  it  after 
it  had  been  formed,  or  to  decide  upon  the  terms  imposed 
by  Congress  for  their  admission,  when  that  power  has  been 
reserved  by  the  Constitution,  or  conceded  by  Congress. 
The  right  to  so  legislate  being  admitted,  the  propriety  of 
resubmitting  the  Constitution  to  the  people  by  whom  it  has 
been  so  recently  rejected,  is  between  the  people  and  their 
representatives;  and  the  justification  of  it  can  only  be  found 
in  the  acknowledged  fact  that  a  great,  if  not  a  decisive,  in- 
fluence was  produced,  resulting  in  the  rejection  of  that 
instrument,  by  a  supposed  connection  between  it  and  the 
question  of  boundary. 

The  adoption  or  rejection  of  the  boundary  ought  to  have 
been  decided  at  the  April  election  by  a  direct  vote  upon  the 
conditions  imposed  by  Congress  upon  our  admission,  as 
directed  both  by  the  Constitution  and  the  act  of  Congress. 
It  remains  yet  to  be  settled  in  some  way  before  we  can  gain 
admittance  into  the  Union.  The  first  Monday  in  April 
having  passed,  the  Constitution  "as  it  came  from  the  Con- 
vention," if  it  is  adopted  at  the  August  election,  will  permit 
the  Legislature  of  the  State  to  accept  any  conditions  which 
Congress  subsequently  to  that  time,  may  impose  upon  our 
admission  into  the  Union,  but  that  provision  will  be  inoper- 
ative as  to  the  conditions  imposed  by  the  act  of  Congress 
above  referred  to,  because  it  was  enacted  before  the  first 
Monday  in  April,  and  they  must,  therefore,  if  the  act 


300  MESSAGES   AND   PROCLAMATIONS   OF 

remains  in  force,  and  effect  is  given  to  the  Constitution,  be 
ultimately  met  by  a  direct  vote  of  the  people. 

The  act  under  consideration  declares  in  the  eighth  section, 
"that  the  admission  of  the  State  shall  not  be  deemed  com- 
plete until  whatever  conditions  may  be  imposed  by  Con- 
gress shall  be  ratified  by  the  people"-  —if  the  Constitution 
should  be  ratified  at  the  August  election,  this  provision  of 
the  act  will  be  found  to  conflict  with  it.  The  people  having 
failed  to  vote  at  the  April  election  for  or  against  the  condi- 
tions upon  which  the  act  of  Congress  proposed  to  admit  us, 
it  would  but  be  carrying  into  effect  the  provision  of  the 
Constitution,  and  of  the  act  of  Congress  to  allow  the  people 
to  dispose  of  those  conditions  by  a  direct  vote,  at  the  same 
time  that  they  are  called  upon  to  vote  a  second  time  for  or 
against  the  adoption  of  the  Constitution.  Until  that  ques- 
tion is  decided,  we  cannot  become  a  State  without  the  act 
of  Congress  referred  to  is  repealed.  I  cannot,  therefore, 
discover  the  propriety  of  withholding  that  question  from 
the  people.  The  Constitution  provides  for  the  submission 
of  the  two  questions  at  the  same  election,  and  the  neglect 
so  to  vote  upon  them  has  already  given  rise  to  much  con- 
fusion. 

The  Constitution  which  this  act  provides  for  resubmitting 
to  the  people  at  the  August  election,  has  not  assumed  an 
obligatory  force,  and  can  only  derive  it  from  the  adoption 
of  the  people;  and  although  it  may  be  a  proper  exercise  of 
legislative  authority  to  fix  the  time  and  provide  the  manner 
of  bringing  it  before  the  people,  it  is  not  in  my  opinion 
competent  to  the  legislative  power  to  alter  or  amend  it  in 
any  particular,  so  as  to  control  its  operations,  if  it  should 


GOVERNOR   JOHN   CHAMBERS  301 

be  adopted  by  the  people  "as  it  came  from  the  hands  of 
the  Convention. "  A  direct  attempt  is  made  by  this  act  to 
control  several  of  its  important  provisions.  The  seventh 
section  of  the  thirteenth  article  of  the  Constitution  provides 
that  "the  first  general  election  under  this  Constitution  shall 
be  held  on  the  first  Monday  in  August,  next  after  the  adop- 
tion of  the  Constitution  by  the  people  of  the  Territory. 
The  eighth  section  of  the  act  says  that  "no  election  for  State 
officers  shall  be  held  under  said  Constitution  if  ratified  at 
said  election,  until  the  admission  of  the  State  of  Iowa  is 
complete."  Now  if  the  Constitution  "as  it  came  from  the 
hands  of  the  Convention,"  is  ratified  by  the  people,  at  the 
August  election,  which  will  be  the  paramount  law,  the  Con- 
stitution thus  ratified,  which  says  there  shall  be  an  election 
of  State  Officers  on  a  certain  day  after  its  ratification  by  the 
people,  or  this  act  which  attempts  to  abrogate  that  provision 
of  the  Constitution,  by  declaring  that  "no  election  of  State 
Officers  shall  be  held  under  said  Constitution,  if  ratified, 
until  the  admission  is  complete?"  This  conflict  between 
the  Constitution  and  the  Legislative  act,  would  inevitably 
produce  confusion,  and  if  effect  should  be  given  to  the  act, 
when,  and  by  what  authority  would  the  first  general  elec- 
tion under  the  Constitution  be  held?  who  would  be  author- 
ized to  declare  the  admission  of  the  State  of  Iowa  to  be 
complete  ?  Without  such  a  power  somewhere,  and  without 
a  time  fixed  for  holding  the  first  general  election  under  the 
Constitution,  the  organization  of  the  State  Government 
could  not  be  effected,  and  we  should  probably  be  compelled 
to  resort  to  the  novel  expedient  of  organizing  a  State  Gov- 
ernment by  Territorial  legislation,  if  perchance  the  Terri- 


302  MESSAGES   AND   PROCLAMATIONS   OF 

torial  Legislature  has  not  ceased  to  exist  when  "the  admis- 
sion of  the  State  of  Iowa  was  complete."  From  such  a 
state  of  things  nothing  but  inextricable  confusion  and  diffi- 
culty can  result.  A  critical  examination  and  comparison  of 
this  act  with  the  Constitution  will  expose  other  discrepancies 
of  less  importance;  but  those  already  stated  forbid  me  to 
give  effect  to  the  act  by  my  official  approbation. 

JOHN  CHAMBERS. 


TO    THE   COUNCIL 

JUNE  7,   1845 
From  the  Journal  of  the  Council,  p.  170 


EXECUTIVE  DEPARTMENT,  June  7th,  1845. 

I  return  to  the  Council,  in  which  it  originated,  an  act 
entitled  "An  act  to  provide  for  the  better  settling  and 
adjudicating  of  the  several  titles  set  up  to  the  Half  Breed 
lands  in  the  county  of  Lee,"  with  my  objections  to  it. 

This  act,  if  carried  into  effect,  will  change  the  general 
laws  of  land  in  relation  to  the  title  and  evidence  of  title  of 
the  Half  Breed  Indians  therein  mentioned,  and  those  claim- 
ing under  them,  and  will  exclude  them  from  severally  main- 
taining actions  for  the  recovery  of  their  undivided  interests 
in  the  land  in  question. 

The  laws  of  every  country  affecting  the  rights  of  indi- 
viduals, should  be  equal  and  uniform,  and  I  am  not  able  to 
discover  any  reason  for  making  the  rights,  whatsoever  they 
may  be,  of  the  claimants  of  the  Half  Breed  lands,  an  excep- 
tion to  this  rule,  and  am  therefore  constrained  to  withhold 
my  official  approval  of  this  act.  JOHN  CHAMBERS. 


SPECIAL  MESSAGES 


TO    THE   COUNCIL  AND  HOUSE   OF  REPRESENTA- 
TIVES 

DECEMBER  9,   1841 
From  the  Journal  of  the  Council ',  p.  20 


EXECUTIVE  OFFICE,  IOWA  TERRITORY,  Dec.  9,  1841. 
To  the  Council  and  House  of  Representatives: 

Gentlemen: — An  application  to  execute  deeds  of  convey- 
ance to  some  of  the  purchasers  of  lots  in  Iowa  City,  has 
drawn  my  attention  to  the  several  legislative  acts  which 
relate  to  that  subject;  and  upon  a  comparison  of  their  pro- 
visions, I  find  that  by  the  3d  section  of  the  act  of  the  17th 
of  January,  1840,  entitled  "An  act  to  provide  for  the 
execution  of  title  deeds  to  lots  in  the  city  of  Iowa,"  it  is 
provided,  that  "whenever  the  purchase  money  shall  be  paid 
up  in  full,  for  the  purchase  of  any  lot  or  lots  in  the  city  of 
Iowa,  and  as  soon  as  the  title  to  said  lots  is  bona  fide 
obtained  from  the  General  Government,  the  acting  Commis- 
sioner shall  make  out  the  requisite  title  deeds  to  the  pur- 
chaser or  purchasers  for  the  same,  in  conformity  with  the 
certificate  or  purchase  to  be  signed  by  the  Governor  and  the 
seal  of  the  Territory  affixed  thereto,  and  countersigned  and 
acknowledged  by  the  said  acting  Commissioner,"  (see  page 
111,  acts  1840.)  And  by  the  6th  section  of  the  act  of  24th 
of  July,  1840,  entitled  "An  act  directing  the  valuation  and 


304  MESSAGES   AND   PROCLAMATIONS    OF 

sale  of  lots  in  Iowa  City,  and  to  provide  for  executing  deeds 
for  the  same,"  it  is  enacted  "that  whenever  full  payment 
shall  have  been  made  for  any  lot  or  lots  in  Iowa  City,  the 
acting  Commissioner  of  public  buildings  shall  give  to  the 
person  or  persons  entitled  thereto,  a  certificate  of  final  pay- 
ment for  the  same;"  and  by  the  7th  section  of  the  same  act, 
it  is  provided  "that  whenever  any  certificate  of  final  pay- 
ment for  lots  in  Iowa  City  shall  be  presented  to  the  Secre- 
tary of  the  Territory,  he  shall  file  the  same  in  his  office  and 
make  out  a  deed  of  conveyance  in  accordance  with  such  cer- 
tificate, which  deed  of  conveyance  shall  be  sealed  with  the 
seal  of  the  Territory,  signed  by  the  Governor  and  counter- 
signed by  the  Secretary  of  the  Territory,  and  when  thus 
executed,  shall  convey  to  the  grantee  a  title  in  fee  simple  to 
the  lots  therein  described;"  and  by  the  8th  section  of  that 
act,  it  is  made  the  duty  "of  the  Secretary  of  the  Territory 
to  keep  a  record  in  his  office  of  all  deeds  of  conveyance 
made  out  by  him  under  the  provisions  of  this  act."  It 
repeals  "all  acts  and  parts  of  acts  that  are  in  contraven- 
tion" of  its  provisions,  (see  page  6,  acts  of  July  session 
1840.) 

By  the  17th  section  of  the  act  of  January  10th,  1841, 
entitled  "an  act  providing  for  the  appointment  of  a  super- 
intendent of  public  building  at  Iowa  City,  and  the  appoint- 
ment of  a  Territorial  agent,  and  for  other  purposes,"  it  is 
provided  "that  the  duties  required  by  the  third  section  of 
"an  act  entitled  an  act  to  provide  for  the  execution  of  title 
deeds  to  lots  in  Iowa  City,  and  for  other  purposes,  shall 
hereafter  be  performed  by  the  Territorial  agent,"  &c.  (See 
page  61,  acts  of  1840-41.) 


GOVERNOR   JOHN   CHAMBERS  305 

The  effect  of  this  last  act  is  to  revive  the  third  section  of 
the  act  of  the  17th,  January  1840,  requiring  the  Superin- 
tendent (or  now,  in  his  stead,  the  Territorial  agent)  upon 
the  receipt  of  full  payment  for  any  lot,  to  make  out  and 
countersign  a  deed  of  conveyance  for  it,  to  the  purchaser, 
to  be  signed  by  the  Governor,  and  the  revival  of  that  sec- 
tion in  effect  defeats  the  provision  of  the  act  of  July,  1840, 
requiring  the  certificates  of  payment  to  be  filed  in  the  office 
of  the  Secretary  of  the  Territory,  and  the  deeds  to  be  made 
out  ty  him  to  be  recorded  in  his  office.  It  seems  probable 
that  the  revival  of  the  third  section  of  the  act  of  January 
1840,  was  made  without  adverting  to  the  provisions  of  the 
act  of  July  of  that  year,  and  as  it  removes  that  salutary 
check  upon  the  agent  which  requires  his  certificates  of  pay- 
ment to  be  filed  with  another  officer  of  the  Government, 
and  leaves  the  holders  of  deeds  for  lots  in  this  city  without 
any  provision  for  recording  them,  I  would  respectfully  sub- 
mit to  your  consideration,  the  propriety  of  such  a  modifica- 
tion of  these  laws,  as  will  restore  the  provisions  of  the  act 
of  July  1840,  or  require  the  filing  of  the  certificates  of  pay- 
ment in  some  one  of  the  public  offices,  other  than  that  from 
which  they  emanate,  and  direct  the  title  deeds  to  be  recorded. 

Respectfully,  Your  ob't  servant, 

JOHN  CHAMBERS. 


306  MESSAGES   AND   PROCLAMATIONS   OF 

ENDORSEMENT  OF  A  BILL 

MAY  20,  1845 
Prom  the  Journal  of  the  House  of  Representatives,  p.  95 


Mr.  Hunger,  from  the  Committee  on  Enrollments  re- 
ported back  to  the  House, 

"An  act,  to  repeal  the  Charter  of  the  Miners'  Bank  of 
Dubuque,  and  to  provide  for  winding  up  the  affairs  of  the 
same,  "  with  the  following  endorsement  thereon: 

"This  Bill  received  at  the  Executive  Office  on  the  15th 
of  May  1845,  and  retained  until  the  20th,  and  then  returned 
to  the  Committee  from  which  it  was  received." 

(Signed,)  JOHN  CHAMBERS, 

Governor. 


PROCLAMATIONS 


TO  PREVENT  TRESPASSING  UPON  CERTAIN  LANDS 

MAY  11,  1842 

From  the  Iowa  City  Standard,  Vol.  II,  No.  25,  May  21,  1842 


By  the  Acting  Governor  of  Iowa  Territory 
WHEKEAS  it  has  been  represented  to  me  that  many  of  the 
citizens  of  this  Territory,  and  of  the  adjoining  States,  under 
the  impression  made  by  certain  letters  which  have  appeared 
in  the  Burlington  and  other  papers,  that  that  portion  of 
Iowa  Territory  south  of  the  Des  Moines  river  has  been 
ceded  to  the  United  States  by  the  Iowa  Indians,  and  now 
belongs  to  the  Government,  have  unwarrantably  crossed 
over  into  it  with  a  view  of  settling  there:  I  do  hereby 
warn  them  that  in  so  doing  they  are  violating  the  laws  of 
the  Government  for  the  protection  of  the  Indians,  and  com- 
mand them  to  refrain  from  all  attempts  to  locate  there. 
And  as  it  has  been  also  represented  to  me  by  the  Agent  of 
the  Sacs  and  Foxes  that  they  go  over  despite  of  his  remon- 
strance against  it,  I  have  this  day,  by  virtue  of  the  power 
in  me  vested  as  acting  Governor  of  Iowa  Territory,  and 
Superintendent  of  Indian  Affairs,  and  authority  from  the 
Department  of  War,  with  a  view  to  preserve  peace  on  the 
frontier,  made  a  requisition  for  certain  troops,  promptly  to 
remove  all  intruders  from  the  Indian  Territory.  And  I 
would  further  notify  all  concerned,  that  all  persons  going 


308  MESSAGES   AND   PROCLAMATIONS   OF 

into  that  country  save  those  legally  authorised  so  to  do, 
will  be  looked  upon  as  intruders,  and  driven  out  by  force. 

O.   H.  W.   STULL,1 

Acting  Governor, 

and  Superintendent  of  Indian  Affairs. 
EXECUTIVE  OFFICE,  BURLINGTON,  I.  T. 
May  llth,  1842. 


DECLARING   THE    VOTE    ON  THE  QUESTION  OF  A 

CONVENTION 

MAY  1,  1844 
From  the  Iowa  Standard,  Vol.  IV,  No.  20,  May  16,  1844 


RETURNS  having  been  made  to  the  office  of  the  Secretary 
of  the  Territory,  of  the  votes  taken  in  all  the  organized 
counties  thereof,  except  Washington,  Clayton  and  Davis,  at 
the  times  and  places  of  holding  the  Township  Elections  in 
the  month  of  April  last,  in  conformity  to  the  provisions  of 
an  act  of  the  Legislative  Assembly  entitled  "an  act  to  pro- 
vide for  the  expression  of  the  opinion  of  the  people  of  the 
Territory  of  Iowa  upon  the  subject  of  the  formation  of  a 
State  Constitution  for  the  State  of  Iowa,"  approved  12th 
February,  1844;  and  the  said  votes  so  returned  having  been 
counted  in  the  presence  of  the  undersigned,  Governor  of  the 
said  Territory,  and  examined  and  compared  by  him.  It  is 
hereby  declared  and  made  known  (in  compliance  with  the 
spirit  and  intention  of  the  said  act)  that  there  were  given, 
in  the  counties  from  which  returns  have  been  received,  six 


*Mr.  Stull  was  the  Secretary  of  the  Territory  who,  for  the  time 
being,  was  acting  as  Governor. — The  Editor. 


GOVERNOR   JOHN   CHAMBERS  309 

thousand  seven  hundred  and  nineteen  votes,  for  a  Conven- 
tion, and  three  thousand  nine  hundred  and  seventy  four 
votes  against  it,  making  a  majority  of  two  thousand  seven 
hundred  and  forty -five  votes  in  those  counties  in  favor  of  a 
Convention,  and  as  that  majority  exceeds  by  upwards  of  a 
thousand  the  aggregate  votes  cast  in  the  said  counties  of 
Washington  and  Clayton  at  the  election  held  in  October 
last  for  a  delegate  to  Congress,  and  Davis  being  one  of  the 
recent  organised  counties,  it  is  manifest  (in  the  absence  of 
the  returns  from  the  three  counties  aforesaid,)  that  there  is 
a  large  majority  of  the  legal  votes  in  the  Territory  in  favor 
of  a  Convention.  It  will  therefore  become  the  duty  of  all 
officers  and  persons  concerned  in  making  preparation  for 
and  conducting  the  general  election  to  be  held  in  the  month 
of  August  next,  to  conform  to  the  provisions  of  the  Legis- 
lative assembly  aforesaid,  for  the  election  of  members  of  a 
Convention  to  form  a  State  Constitution  for  Iowa. 

In  testimony  whereof  I  have  caused  the  seal  of 
L.  S.        the  said  Territory  to  be  hereunto  affixed. 

Done  at  the  city  of  Burlington  this  first  day  of  May,  in 

the  year  1844. 

JOHN  CHAMBERS. 


ON  THANKSGIVING 

OCTOBER  12,  1844 
From  the  Iowa  Standard,   Vol.  IV,  No.  48,  Nov.  28,  1844 

Territory  of  Iowa; 

At  the  request  of  many  of  my  Fellow  Citizens,  I  have 
deemed  it  proper  to  recommend  that  Thursday,  the  12th 
day  of  December  next,  be  observed  throughout  the  Terri- 


310  MESSAGES   AND   PROCLAMATIONS   OF 

tory,  as  a  day  of  general  Thanksgiving  to  Almighty  God 
for  the  many  and  great  blessings  we  enjoy  as  a  people  and 
individually,  and  of  prayer  and  supplication  for  the  contin- 
uance of  his  mercy  and  goodness  towards  us;  and  for  the 
prosperity,  happiness  and  ultimate  salvation  of  the  Ameri- 
can people. 

We  are  told  that,  "righteousness  exalteth  a  nation,"  and 
are  taught  by  divine  authority  that  the  voice  of  thanksgiv- 
ing and  prayer  is  acceptable  to  our  Father  in  Heaven.  Let 
us  then,  on  the  day  designated,  unite  our  voices,  in  the 
humble  hope  that  they  will  reach  the  Throne  of  Grace  and 
obtain  for  us  a  continuation  and  increase  of  blessings. 

Done  at  the  Executive  Office,  in  the  city  of  Bur- 
SEAL         lington,  this  twelfth  day  of  October,  in  the  year 

of  our  Lord,  1844. 

JOHN  CHAMBERS. 
By  the  Governor: 

S.  J.  BURR,  Secretary  of  the  Territory. 


DECLARING  THE  VOTE  ON  A  STATE  CONSTITUTION 

MAY  9,  1845 
From  the  Iowa  Capitol  Reporter,  Vbl,  IV,  No.  14,  May  10, 


By  an  act  of  the  Legislative  Assembly  entitled  "An  Act 
to  provide  for  the  expression  of  the  opinion  of  the  people 
of  the  Territory  of  Iowa,  upon  the  subject  of  the  formation  of 
a  State  Constitution  for  the  State  of  Iowa;"  approved  12th 
Feb'y,  1844,  it  is  made  the  duty  of  the  Secretary  of  the 
Territory  to  open  and  count  in  the  presence  of  the  Governor, 
the  votes  given  at  the  April  election  of  the  present  year, 


GOVERNOR   JOHN   CHAMBERS  311 

for  and  against  the  Constitution  prepared  by  the  Conven- 
tion, which  should  be  elected  under  the  provisions  of  the 
act,  and  thereupon  the  Governor  is  required  to  make  known 
by  proclamation,  the  result  of  the  said  vote — and  the  Sec- 
retary having  opened  and  counted  in  the  presence  of  the 
undersigned,  Governor  of  the  said  Territory,  the  returns  of 
all  the  votes  given  for  and  against  the  Constitution  in  all 
the  organized  counties,  except  Davis  and  Appanoose,  from 
which  no  returns  were  received,  there  is  found  to  be  an 
aggregate  majority  of  one  thousand  and  sixty- two  votes 
against  the  Constitution,  and  the  Secretary  reports  from  the 
information  of  the  members  representing  the  counties  of 
Davis  and  Appanoose  in  the  Legislature,  that  they  gave  an 
aggregate  majority  of  sixty-eight  for  the  Constitution,  but 
whether  this  be  strictly  correct  or  not,  it  is  well  known  that 
the  whole  number  of  voters  in  those  counties  is  not  equal  to 
the  majority  cast  against  the  Constitution  in  those  from 
which  returns  have  been  received.  Therefore, 

I  John  Chambers,  Governor  of  the  said  Territory  do 
declare  and  make  known  that  a  majority  of  the  legal  voters 
have  voted  against  the  said  Constitution  and  that  it  is 
rejected. 

In  Testimony  Whereof,  I  have  caused  the  Seal  of 
SEAL         the  Territory,  to  be  hereunto  affixed. 

Done  at  Iowa  City,  this  9th  day  of  May  in  the 

year  1845. 

JOHN  CHAMBERS. 

S.  J.  BURR,  Secretary  of  Iowa  Territory. 


GOVEKNOE  JAMES   CLAEKE 


BIOGEAPHICAL   SKETCH 

James  Clarke,  the  third  and  last  Governor  of  the  Terri- 
tory of  Iowa,  was  born  in  Ligonier  Valley,  Westmoreland 
County,  Pennsylvania,  on  July  5,  1812.  He  left  home  at 
an  early  age,  and  learned  the  printer's  trade.  As  a  printer 
he  sought  and  found  employment  in  several  places  including 
Harris  burg,  Pennsylvania.  In  1836  he  decided  to  go  West. 
At  St.  Louis  he  secured  a  position  in  the  office  of  the 
Missouri  Republican. 

It  was  about  this  time  that  the  original  Territory  of  Wis- 
consin was  established  by  Congress.  Mr.  Clarke  was 
attracted  by  the  opportunities  afforded  by  this  new  Terri- 
tory. With  Mr.  John  B.  Russell  he  joined  in  the  publica- 
tion of  a  newspaper  (the  Belmont  Gazette)  at  Belmont,  the 
newly  appointed  capital  of  Wisconsin.  This  was  in  the  fall 
of  1836.  When  the  First  Legislative  Assembly  of  the  Ter- 
ritory met  in  October,  James  Clarke  was  named  as  the 
printer  for  the  Territory.  When  it  was  decided  to  remove 
the  capital  to  Burlington  (Iowa)  Mr.  Clarke  hastened  to 
the  new  seat  of  government  west  of  the  Mississippi,  and 
founded  the  Wisconsin  Territorial  Gazette  and  Burlington 
Advertizer. 

Prior  to  the  establishment  of  the  Territory  of  Iowa  in 
1838,  Mr.  Clarke  was  appointed  Territorial  Librarian  by 
Governor  Dodge.  Upon  the  death  of  Wm.  B.  Conway 
(first  Secretary  of  the  Territory  of  Iowa)  President  Van 
Buren  appointed  Mr.  Clarke  Secretary  of  the  Territory  of 


316  JAMES   CLARKE 

Iowa.  In  1844  lie  became  Mayor  of  Burlington;  and  dur- 
ing the  same  year  he  served  as  a  delegate  to  the  First  Con- 
stitutional Convention  which  convened  at  Iowa  City.  Upon 
the  removal  of  Chambers  by  President  Polk,  Mr.  Clarke 
was  appointed  to  the  office  of  Governor  of  the  Territory  of 
Iowa,  which  position  he  held  from  November,  1845,  to 
December,  1846. 

In  1840  he  married  Christiana  H.  Dodge,  a  daughter  of 
Henry  Dodge,  the  first  Governor  of  the  original  Territory 
of  Wisconsin.  In  1850,  at  the  age  of  thirty-eight,  Mr. 
Clarke  died  a  victim  of  the  cholera  plague.  One  son  and 
his  wife  had  met  a  similar  fate  a  few  weeks  before  the  death 
of  the  ex -Governor. 

BIBLIOGRAPHICAL  NOTE. — Iowa  Historical  Record,  Vol.  IV,  p.  1. 
Annals  of  Iowa,  3d  Series,  Vol.  IV,  p.  482.  Annals  of  Iowa,  let 
Series,  Vol.  V,  p.  786;  Vol.  VII,  p.  320. 


FIRST  ANNUAL  MESSAGE 


DECEMBER  3,  1845 
From  the  Journal  of  the  Council,  p.  11 


Gentlemen  of  the  Council  and  of  the  House  of  Representa- 
tives: 

With  less  than  a  fortnight's  notice  of  my  appointment  to 
the  discharge  of  the  Executive  duties,  during  the  greater 
portion  of  which  brief  period  I  have  been  prostrated  by 
sickness,  I  find  myself  called  upon,  as  a  co-ordinate  branch 
of  the  Legislature,  to  communicate  with  you  in  relation  to 
such  subjects,  both  of  a  local  and  general  character,  as  in 
my  judgment  are  deemed  to  have  a  bearing  upon  the  com- 
mon interests  of  the  people  of  Iowa.  Deprived,  as  I  thus 
have  been,  of  the  time  and  opportunity  essential  to  the 
proper  discharge  of  this  duty — cut  off  from  all  opportunity 
of  investigation  into  past  legislation,  so  as  to  be  enabled  to 
recommend  remedial  action  where  defects  might  be  found 
to  exist — denied,  even,  it  may  be  said,  time  sufficient  for 
common  reflection — I  have  great  reason  to  fear  that  many 
subjects  will  be  passed  over  in  this  communication,  which, 
upon  a  more  ample  survey  of  the  public  wants  and  require- 
ments, would  have  been  pressed  upon  your  attention.  The 
regret,  however,  which  I  feel  in  anticipation  of  such  a  dis- 
covery, is  materially  abated  by  the  knowledge  that  your 
action  can  in  no  wise  be  effected  by  the  omission.  Happily 
for  the  people,  their  Representatives  in  the  discharge  of 


318  MESSAGES   AND    PROCLAMATIONS   OF 

their  duties  as  Legislators,  are  not  necessarily  governed  by 
Executive  recommendations;  neither  are  they  precluded 
from  considering  and  acting  upon  any  subject  by  Executive 
omission. 

You  assemble,  Gentlemen,  under  auspicious  circumstances. 
Peace  pervades  the  land  and  plenty  every  where  abounds. 
The  earth,  during  the  season  just  past,  has  been  unusually 
abundant  in  its  yield,  both  externally  and  internally.  From 
its  face,  the  husbandman  has  gathered  bountiful  crops, 
which  he  is  enabled  to  dispose  of  at  something  more  than  a 
living  profit;  while  more  than  ordinary  success  has  attended 
the  labors  of  that  adventurous,  and  not  inconsiderable  por- 
tion of  our  citizens,  whose  avocation  it  is  to  search  for,  and 
bring  to  light,  the  rich  treasures  which  are  concealed 
beneath.  Labor,  though  still  commanding  less  than  could 
be  desired,  finds  ready  employment;  and  industry,  plied 
with  ordinary  skill  and  perseverance,  fails  not  of  securing 
the  necessaries,  and  even  the  comforts  of  life.  These  are 
blessings  of  inestimable  value;  but  I  much  regret  that,  in 
enumerating  them,  I  am  compelled  to  omit  that  most  im- 
portant of  all  blessings  which  can  be  vouchsafed  to  any 
people — the  prevalence  of  general  health.  The  people  of 
Iowa  have  suffered  severely  from  .sickness  the  past  season; 
nor  is  it  any  consolation  to  them  to  know  that  their  fellow 
citizens  in  all  the  western  States  have  been  similarly  visited, 
except  so  far  as  it  establishes  the  fact  that  there  is  nothing 
in  our  soil  or  climate  peculiarly  favorable  to  disease.  Bow- 
ing in  humble  submission  to  the  affliction,  our  duty  would 
remain  but  half  discharged,  did  we  forget  to  return  our 
grateful  and  fervent  thanks  to  that  Providence  which  rules 


GOVERNOR  JAMES  CLARKE          319 

over  all  things,  and  from  which  all  good  emanates,  for  the 
manifold  blessings  we  have  been  permitted  to  enjoy. 

Since  your  adjournment  in  June  last,  a  most  important 
question  has  been  decided  by  the  people,  the  effect  of  which 
is  to  throw  us  back  where  we  originally  commenced  in  our 
efforts  to  effect  a  change  in  the  form  of  government  under 
which  we  at  present  live,  I  allude  to  the  rejection  of  the 
Constitution  at  the  August  election.  This  result,  however, 
brought  about,  in  my  judgment,  is  one  greatly  to  be  de- 
plored. That  misrepresentation  and  mystification  had  much 
to  do  in  effecting  it,  there  can  be  no  doubt;  still  it  stands 
as  the  recorded  judgment  of  the  people;  and  to  that  judg- 
ment, until  the  people  themselves  reverse  the  decree,  it  is 
our  duty  to  submit.  Having  from  absence  and  indisposi- 
tion, been  denied  all  opportunity  of  ascertaining  public 
feeling  at  present  in  relation  to  this  subject,  I  do  not  feel 
prepared  to  urge  upon  the  Legislature  any  particular  course 
of  conduct  to  be  pursued.  The  members  themselves  come 
fresh  from  the  people,  and  are  presumed  to  be  advised  of 
the  wishes  of  their  constituents  as  to  what  action,  if  any, 
should  be  had  in  reference  to  the  question.  Being  thus 
advised,  they  will  doubtless  adopt  such  measures  as  are 
called  for  by  the  public  sentiment,  and  adhering,  as  I  do, 
to  the  opinion  long  entertained  and  frequently  expressed, 
that  the  prosperity  of  Iowa  would  be  greatly  advanced  by 
her  speedy  incorporation  into  the  Union  as  a  State,  it  affords 
me  great  pleasure  to  assure  you  that  whatever  steps  may  be 
taken  by  you,  looking  to  that  desirable  result,  and  in  my 
judgment  calculated  to  effect  it,  will  receive  my  hearty  co- 
operation. 


320  MESSAGES   AND   PROCLAMATIONS   OF 

The  increase  in  the  population  of  Iowa  within  the  last 
year  may  be  assumed  with  great  confidence  to  have  exceeded 
that  of  any  former  year.  The  rapidity  with  which  settle- 
ments have  extended  back  is  truly  astonishing.  From  the 
narrow  strip  of  country  purchased  in  1832,  some  forty  miles 
in  width,  extending  up  and  down  the  Mississippi,  and  upon 
which  the  first  settlements  were  made,  we  have  seen  our 
Territory  extend  itself  on  the  West,  step  by  step,  until  its 
limits  approach  to  within  a  short  distance  of  the  Missouri 
river,  if,  indeed,  that  point  be  not  already  gained. 

In  accordance  with  the  stipulations  contained  in  the  treaty 
negotiated  by  my  predecessor  in  office  in  1842,  the  Sac  and 
Fox  Indians,  early  in  the  past  fall,  quietly  and  peaceably 
abandoned  the  whole  of  the  country  owned  and  occupied  by 
them  in  Iowa,  and  proceeded  to  the  new  home  provided  for 
them  by  the  government,  lying  South  and  West  of  the 
Missouri.  A  vast  country,  much  of  which  is  described  by 
those  who  have  been  over  it  as  exceedingly  valuable,  is 
thrown  open  to  settlement;  emigrants  are  already  seeking 
it;  and  in  a  year  from  the  present  time,  judging  the  future 
by  the  past,  a  population  amounting  to  many  thousands 
may  be  expected  to  be  scattered  over  its  face.  In  view  of 
this  reasonable  anticipation,  I  respectfully  recommend  the 
division  of  the  newly  acquired  district  into  counties  of  such 
size  as  shall  comport  with  the  judgment  of  the  Legislature, 
to  be  attached  to  the  counties  most  contiguous  to  them 
which  are  organized.  It  will  probably  be  found  too,  upon 
inquiry,  that  some  of  the  counties  at  present  laid  out,  but 
not  yet  organized  contain  inhabitants  enough  within  their 
limits  to  support  county  governments  of  their  own;  and  if 
so,  provision  should  be  made  for  their  speedy  organization. 


GOVERNOR   JAMES   CLARKE  321 

While  alluding  to  the  subject  of  the  extension  of  our 
organized  Territorial  limits,  it  is  proper  that  I  should  refer 
to  the  failure  of  the  attempt  made  by  the  government  in 
August  last  to  purchase  from  the  Winnebagoes  the  country 
at  present  occupied  by  them,  known  as  the  "Neutral 
Ground;"  and,  in  the  same  connexion,  also  make  mention 
of  the  recent  visit  of  a  delegation  of  Pottawatamie  chiefs  to 
Washington  for  the  avowed  purpose  of  entering  into  nego- 
tiations with  the  government  for  the  relinquishment  of  their 
title  to  all  the  lands  belonging  to  them  lying  within  our 
borders.  The  Winnebagoes,  it  would  seem,  entertain  an 
insuperable  objection  to  removing  beyond  the  Missouri 
river,  the  region  designated  as  their  future  residence  in  all 
the  propositions  of  purchase  which  have  heretofore  been 
submitted  to  them  by  the  government.  Three  several 
attempts  to  treat  have  been  made  within  as  many  years,  and 
all  attended  with  equally  ill  success,  the  chief  obstacle  upon 
each  occasion  being  the  one  already  alluded  to.  The 
Indians  are  not  understood  to  be  particularly  wedded  to  the 
country  now  inhabited  by  them;  but  having  ever  resided  in 
the  North,  their  feelings  and  prejudices  are  all  against  emi- 
grating South.  Could  a  new  home  be  provided  for  them 
in  the  North,  I  have  good  reason  to  believe  that  little  or  no 
difficulty  would  be  experienced  in  inducing  them  to  remove 
to  it;  but  until  some  step  of  the  kind  is  taken  all  our  efforts 
to  extinguish  the  Winnebago  title  to  their  lands  may  be 
expected  to  result  in  failure. — The  Sioux  nation  of  Indians 
own  a  vast  and  extensive  region  of  country  bordering  on 
the  Mississippi,  and  running  up  near  to  its  head  waters,  a 
portion  of  which,  sufficiently  extensive  for  the  Winnebagoes 


322  MESSAGES   AND   PROCLAMATIONS   OF 

to  hunt  and  reside  upon,  it  is  believed  the  government 
might  obtain  at  a  comparatively  trifling  expenditure.  The 
aversion  of  the  Indians  to  going  South  being  well  known  to 
those  who  exercise  the  control  of  the  Indian  Department, 
may  we  not  look  for,  and  should  we  not  solicit  a  change  of 
policy  in  this  particular?  The  subject  being  one  of  the  first 
importance  to  the  people  of  Iowa  at  large,  but  more  especi- 
ally that  portion  of  them  who  reside  in  the  counties  border- 
ing on  the  Indian  lands,  some  expression  of  the  views  enter- 
tained by  the  Legislature  in  relation  to  it  would  seem  to  be 
called  for.  The  result  of  the  visit  of  the  Pottawatamie 
delegation  to  Washington  has  not  yet  transpired,  but  I 
entertain  strong  hopes  that  it  will  prove  to  be  all  we  desire. 
The  question  of  boundary  between  the  State  of  Missouri 
and  this  Territory  still  remains  unsettled;  but  I  am  happy 
to  inform  you  that  no  collision  of  a  serious  character  has 
taken  place  in  consequence  of  the  dispute  since  your  adjourn- 
ment. The  continuance  of  this  amicable  state  of  things  is 
greatly  to  be  desired.  While  no  conceivable  good  could 
possibly  result  to  the  claim  of  either  party  from  rupture 
and  open  conflict,  much  evil  would  inevitably  ensue  to  both. 
As  one  of  the  parties  to  the  dispute,  however,  it  is  our  duty 
to  lend  all  our  assistance  in  furthering  the  speedy  adjust- 
ment of  the  question  in  such  manner  as  may  be  agreed 
upon;  and  as  Missouri  has  indicated  her  willingness  to  sub- 
mit the  question  to  the  decision  of  the  Judicial  tribunals  of 
the  country,  I  know  of  no  better  course  to  pursue  than  that 
recommended  by  my  predecessor,  in  one  of  his  latest  official 
communications  to  the  Legislature,  viz:  to  memorialize  Con- 
gress for  the  passage  of  a  law  which  will  enable  the  Terri- 


GOVERNOR  JAMES  CLARKE          323 

tory  to  go  into  the  Supreme  Court  as  a  party  in  the  case. 
The  absence  of  sovereignty,  it  is  held  by  those  who  have 
investigated  the  subject,  cuts  us  off  from  the  privilege  at 
present.  True,  the  issue  can  at  once  be  made  up  as  soon  as 
we  are  admitted  as  a  State;  but  should  Congress  respond 
favorably  to  our  request  at  its  present  session,  it  is  probable 
the  question  would  be  finally  put  to  rest  even  while  we 
remain  a  Territory. 

A  subject  of  deep  importance  to  a  large  and  enterprising 
portion  of  our  citizens,  and  one  in  relation  to  which  the 
Legislature  should  not  fail  to  speak  out,  is  the  disposition 
by  the  general  government  of  the  mineral  lands  lying  in 
this  Territory  and  elsewhere.  The  system  which  at  present 
prevails  of  leasing  these  lands,  is  justly  obnoxious  to  those 
engaged  in  the  uncertain  occupation  of  mining,  and  should 
be  abolished  at  the  earliest  possible  day.  Unlike  some  of 
the  despotic  establishments  of  the  old  world,  where  excess 
of  tribute  is  extorted  from  the  people  under  almost  every 
imaginable  plea,  in  this  country  we  have  a  government 
which  aims  at  the  happiness  of  the  governed;  and  when  this 
happiness  is  most  equally  and  most  generally  diffused,  then 
may  the  government  be  said  to  have  best  performed  the 
object  for  which  it  was  instituted — then  is  it  strongest.  It 
would  be  a  gross  perversion  of  the  spirit  of  our  institutions 
were  the  government,  as  proprietor  of  our  vast  landed 
domain,  to  refuse  to  sell  any  portion  of  such  domain  to 
individual  purchasers;  but,  transforming  itself  into  a  grasp- 
ing landlord,  would  require  of  every  settler  who  might  go 
upon  the  lands  and  cultivate  them,  the  payment  of  a  certain 
per  cent  upon  all  the  products  raised  by  him,  as  rent.  And 


324  MESSAGES   AND   PROCLAMATIONS   OF 

yet,  such  is  precisely  the  operation  of  the  system  now  pur- 
sued in  relation  to  the  mineral  lands;  the  government  not 
only  refuses  to  relinquish  its  interest  in  them,  •  but  it  extorts 
a  heavy  tax  from  all  who  work  them.  Instead  of  aiding 
and  encouraging  the  enterprise  of  the  citizen,  the  effect  of 
the  policy  is  to  cripple  his  energies  and  palsy  his  industry. 
I  conceive  the  whole  system  to  be  eminently  unjust  in  its 
bearing  upon  a  large  number  of  the  inhabitants  of  this  Ter- 
ritory, and  hope  soon  to  have  the  pleasure  of  witnessing  its 
overthrow.  It  is  the  opinion  of  intelligent  men  who  have 
had  opportunities  of  advising  themselves  on  the  subject, 
that  the  labor  employed  in  the  business  of  mining  is  worse 
paid  for,  in  the  aggregate,  than  that  employed  in  any  other 
branch  of  industry.  Men  toil  for  years  frequently,  without 
meeting  with  the  slightest  encouragement;  and  if,  in  the 
end,  success  crowns  their  perseverance,  the  government,  like 
a  hard  task -master,  immediately  steps  in  and  wrests  from 
them  such  a  portion  of  their  hard  earnings  as  it  may  suit  its 
convenience  to  demand.  The  best  course,  undoubtedly — 
best  for  the  government,  and  best  for  the  miner — would  be 
to  sell  the  lands  as  other  lands  are  sold,  varying  only  in  the 
particulars  of  quantity  and  price,  which  might  easily  be 
regulated  to  the  satisfaction  of  all.  An  expression  of 
opinion  by  you,  Gentlemen,  on  this  important  subject,  at 
the  present  time,  could  scarcely  fail  of  being  attended  with 
salutary  results,  particularly,  as  it  is  understood,  a  revision 
and  modification  of  the  system  will  be  attempted  this  winter. 
The  improvement,  by  slackwater  or  otherwise,  of  that 
most  beautiful  of  all  rivers,  the  Desmoins,  is  a  subject  in 
which  deep  interest  is  felt  by  our  fellow  citizens,  residing  in 


GOVERNOR   JAMES   CLARKE  325 

the  Western  and  Southern  counties.  Coursing,  as  it  does, 
through  a  very  fertile  and  densely  populated  portion  of  the 
Territory,  this  stream  once  rendered  susceptible  of  steam 
navigation,  would  soon  become  the  thoroughfare  for  a  vast 
amount  of  inland  trade.  The  practicability  of  so  improv- 
ing it  is  generally  conceded;  but  being  destitute  ourselves 
of  the  means  necessary  to  its  accomplishment,  the  question 
at  once  presents  itself,  "how,  and  at  whose  expense,  is  the 
work  to  be  done?"  At  present  we  have  but  one  resource 
to  turn  to,  and  that  is  the  general  government.  Grants  of 
lands  have  been  made  in  several  instances  by  Congress  to 
works  of  infinitely  less  importance;  and  for  any  reasonable 
donation  of  this  kind  to  the  improvement  in  question  the 
government  might  safely  calculate  upon  being  speedily 
reimbursed,  in  the  increase  of  its  receipts  from  the  lands 
lying  contiguous  to  the  river.  A  memorial  to  Congress, 
setting  forth  the  subject  in  its  proper  light,  might  possibly 
receive  a  favorable  reception  at  the  hands  of  that  body. 
Whether  or  not  such  a  memorial  shall  be  adopted,  is  for 
you  to  say. 

The  rapid  accumulation  of  the  public  debt  of  the  Terri- 
tory is  beginning  to  attract  the  attention  of  the  people, 
who,  as  the  period  approaches  at  which  they  expect  to  be 
called  on  to  support  the  expenses  of  a  state  government, 
naturally  seek  to  advise  themselves  of  the  extent  of  the 
burthens  they  are  about  to  assume.  That  our  liabilities, 
with  our  legislative  and  judicial  expenses  borne  by  the  gen- 
eral government,  should  have  reached  their  present  aggre- 
gate, is  truly  unaccountable.  What  is  past,  however,  can- 
not be  repaired;  we  can  only  guard  against  the  augmenta- 


326  MESSAGES  AND   PROCLAMATIONS   OF 

tion  of  the  debt  in  future.  To  do  this  effectually,  it  will 
be  necessary  to  institute  a  more  rigid  system  of  enquiry  and 
investigation  into  the  justness  and  legality  of  claims  brought 
against  the  Territory  than  has  heretofore  prevailed.  It  will 
also  be  found,  upon  examination,  that  under  our  laws  there 
are  some  items  of  expenditure  chargeable  to  this  fund  which 
might  be  either  diminished,  or  totally  done  away  with,  with- 
out serious  detriment  to  the  public  interests;  and  in  all  such 
cases,  I  take  it  for  granted,  the  proper  corrective  will  be 
applied.  If  possible,  also,  some  measures  should  be 
adopted  to  ensure  the  more  regular  payment  of  the  Terri- 
torial tax  into  the  treasury  by  the  county  collectors,  much 
delay  and  irregularity  in  this  particular  having  heretofore 
prevailed. 

The  reports  of  the  Auditor  of  Public  Accounts,  Commis- 
sioner of  Public  Buildings,  and  Warden  of  the  Penitentiary, 
not  being  yet  before  me,  I  am  unable  to  communicate  to  the 
Legislature  any  information  in  relation  to  those  subjects 
which  it  is  not  already  in  possession  of.  These  documents 
will  doubtless  be  forthcoming  at  the  proper  time;  and  at  a 
day  early  enough  to  admit  of  such  action  in  reference  to 
them  as  in  your  judgment  will  best  advance  the  public 
interests. 

The  evils  of  overlegislation  are  so  generally  acknowledged, 
that  any  attempt  by  me  to  impress  the  important  truth  upon 
your  minds,  would  justly  be  looked  upon  as  supererogation. 
At  the  same  time  that  we  concede  the  evil,  however,  we 
have  not  avoided  running  into  it;  for  perhaps  no  community 
ever  suffered  more  severely  from  the  cause  in  question,  than 
have  the  people  of  Iowa. — Stability  in  the  laws  (presuming 


GOVERNOR   JAMES   CLARKE  327 

them  to  be  wisely  framed)  is  of  the  utmost  importance  to 
those  for  whose  benefit  they  were  enacted;  but  with  us,  few 
enactments  are  permitted  to  •  remain  long  enough  on  the 
statute  book  to  permit  their  wisdom  to  be  tested.  The 
magnitude  of  the  evil  is  felt  and  complained  of  by  the  pub- 
lic ;  and  I  should  feel  that  part  of  my  duty  had  been  omitted, 
did  I  pass  by  the  subject  without,  in  some  manner,  alluding 
to  it.  In  view  of  our  admission  into  the  Union  as  a  State 
at  an  early  period,  the  fewer  the  changes  made  in  our 
statute  book,  the  better.  Acts  of  pernicious  tendency,  it  is 
true,  should  not  be  permitted  to  remain  in  existence  after 
being  tested  and  condemned  by  time;  but  the  point  to  be 
avoided  is,  legislation  for  legislation's  sake.  I  trust  and 
believe  that  the  Legislature  will  be  found  to  entertain  views 
on  this  subject  similar  to  my  own;  and  that,  animated  by 
wise  counsels  and  patriotic  considerations,  it  will  limit  its 
action  to  such  subjects  only  as  are  of  pressing  importance, 
and  are  conceded  to  require  the  interposition  of  the  law. 

Economy  in  the  expenditures  of  the  fund  set  apart  by 
Congress  for  the  Legislative  expenses  of  Iowa  is  of  the  first 
importance,  and  cannot  be  too  rigidly  practised.  The 
appropriation  being  amply  sufficient,  as  I  conceive  it  to  be, 
after  paying  off  all  the  arrearages  of  the  May  session,  to 
defray  the  expenses  of  a  session  of  such  duration  as  the  pub- 
lic wants  require,  we  should  incur  a  heavy  load  of  responsi- 
bility indeed,  were  we  to  contract  an  excess  of  liabilities, 
especially  as  such  excess  would  inevitably  fall  upon  the  Ter- 
ritorial treasury,  and  would  thus  be  made  to  swell  the  load 
of  debt,  already  sufficiently  large,  which  the  people  will  be 
required  to  assume  upon  the  organization  of  a  State  Govern- 
ment. 


328  MESSAGES   AND   PROCLAMATIONS   OF 

I  avail  myself  of  the  opportunity  to  say,  in  conclusion, 
that  it  will  afford  me  great  pleasure  to  co-operate  with  the 
Legislature  in  all  measures  calculated  to  exert  a  favorable 
influence  upon  the  destinies  of  our  Territory,  and  the  hap- 
piness of  its  people.  Uniting,  as  we  undoubtedly  shall,  in 
our  efforts  to  effect  so  desirable  a  result,  my  sincere  prayer 
is  that  we  may  not  be  disappointed  in  our  anticipation  of 
the  effect  of  our  works. 

JAMES  CLARKE. 

DECEMBER  3,  1845. 


SECOND  ANNUAL  MESSAGE 


DECEMBER  2,  1846. 
From  the  Journal  of  the  House  of  Representatives ',  p.  10 


Gentlemen  of  the  Senate,  and  of  the  House  of  Representa- 
tives: 

Of  the  many  wise  features  of  our  excellent  system  of  gov- 
ernment, there  are  none  more  worthy  of  admiration  than  the 
mode  provided,  by  the  Constitution,  for  the  introduction  of 
new  States  into  the  Federal  Union.  While  other  countries 
have  resorted  to  force  and  violence  to  enlarge  their  posses- 
sions and  extend  their  sway,  it  has  been  reserved  for  the 
United  States  to  achieve  these  results  by  a  policy  eminently 
simple  and  pacific.  Under  this  policy  infant  settlements 
have  been  nursed,  territories  established,  and  sovereignties 
finally  organized,  until  a  greater  number  of  States  than  were 
originally  embraced  within  the  confederacy  have  been  added 
to  the  Union,  each  imparting  additional  vigor  and  strength 
to  the  parent  government.  At  the  present  time  we  have  an 
illustration  of  the  wonder-working  results  of  this  influence  in 
the  history  of  events  within  our  own  limits.  In  a  period  of 
eight  years,  under  the  fostering  protection  of  the  general 
government,  Iowa,  as  a  territory,  has  gone  on  to  increase  in 
wealth,  population,  and  the  development  of  her  resources, 
until  a  majority  of  her  citizens  have  become  impressed  with 
the  conviction  that  it  is  their  duty  to  establish  and  sustain  a 


330  MESSAGES   AND   PROCLAMATIONS   OF 

government  of  their  own.  They  have  accordingly  adopted 
a  Constitution,  and  taken  other  necessary  preliminary  steps 
looking  to  a  state  organization ;  and  nothing  remains  to  com- 
plete the  admission  of  the  State  into  the  Union  but  a  com- 
pliance, by  Congress,  with  the  few  and  simple  forms  rendered 
necessary  by  the  Constitution  and  by  usage.  With  a  full 
knowledge  of  the  pecuniary  sacrifices  involved  in  the  change, 
it  has  been  made;  and  sensible  of  the  extent  and  character 
of  the  new  obligations  which  the  support  of  a  State  govern- 
ment could  not  fail  to  impose,  they  have  been  voluntarily 
and  cheerfully  assumed.  Having  thus  given  the  highest 
possible  evidence  of  her  attachment  to  the  Union,  Iowa  will 
henceforth  take  her  place  with  her  sisters  as  a  member  of 
the  confederacy,  exercising  her  proper  weight  in  the  admin- 
istration of  the  government,  and  receiving  equal  protection 
and  favor  with  the  older  States. 

Upon  this  civil  revolution  in  our  form  of  government, 
effected,  not  through  coercion,  but  by  the  silent  operation  of 
public  opinion,  I  beg  leave  most  respectfully  to  congratulate 
the  members  of  the  State  Legislature.  With  a  constitution, 
republican  in  its  character,  and  containing  guards  against 
improvidence  and  restrictions  upon  class  legislation,  we  may 
hope  to  escape  many  of  the  abuses  and  evils  which  of  late 
years  have  brought  ruin  and  blight  upon  other  portions  of 
our  common  country.  The  prevalence  of  wise  and  patriotic 
counsels,  such  as  I  am  sure  will  animate  those  connected 
with  the  several  branches  of  the  government,  is  all  that  is 
necessary  to  a  happy  commencement  of  our  existence  as  a 
State.  At  such  a  time  it  becomes  us  not  to  rely  solely  upon 
human  effort;  the  aid  of  Him,  in  whom  rests  the  perfection 


GOVERNOR   JAMES   CLARKE  331 

of  all  wisdom,  should  be  sought,  and  a  continuance  of  His 
favor  to  us  as  a  people  invoked. 

I  regret  that  it  is  not  in  my  power  to  congratulate  you 
upon  the  continuance  of  friendly  relations  between  the 
United  States  and  all  other  governments,  such  as  existed  at 
the  time  of  my  last  annual  communication  to  the  Territorial 
Legislature.  Since  that  period  a  termination  has  been  put 
to  the  good  understanding  previously  existing  between  our 
own  government  and  the  Republic  of  Mexico,  under  circum- 
stances which  must  relieve  the  former  from  all  responsi- 
bility for  the  consequences  which  may  ensue.  For  the  first 
time,  within  thirty  years,  our  country  finds  itself  an  unwill- 
ing party  to  a  war,  rendered  necessary  to  repel  invasion,  to 
enforce  a  compliance  with  violated  treaty  obligations,  and  to 
resent  multiplied  and  aggravated  instances  of  insult  to  our 
flag  aud  injury  to  our  commerce.  While  we  cannot  but 
lament  the  occurrence  of  any  event  calculated  to  interrupt 
the  peace  of  the  world,  and  especially  that  hostilities  should 
be  permitted  to  exist  between  sister  republics  of  the  same 
continent,  it  is  peculiarly  gratifying  to  our  national  pride  to 
witness  the  readiness  with  which  the  citizen  soldiery  of 
America  have  responded  to  the  call  made  upon  them  for 
their  services,  and  the  gallant  manner  in  which,  wherever 
the  opportunity  has  been  presented,  they  have '  sustained 
their  own  and  their  country's  honor.  The  additional  satis- 
faction is  also  ours  of  knowing  that  the  American  arms, 
although  employed  against  superior  forces,  have  thus  far 
been  completely  victorious.  Mexico  having  rejected  the 
overtures  made  by  our  government  since  the  commencement 
of  hostilities  for  the  renewal  of  negotiations,  with  the  view 


332  MESSAGES   AND   PROCLAMATIONS   OF 

of  effecting  an  amicable  adjustment  of  the  difficulties  between 
the  two  countries,  a  rigorous  prosecution  of  the  war  is  be- 
lieved to  be  the  course  required  by  true  policy,  and  best 
calculated  to  secure  a  speedy  and  permanent  peace.  In  a 
cause  so  just  I  cannot  doubt  that  the  nation  will  be  found 
united  in  furnishing  all  the  aid,  of  whatever  description, 
which  may  be  found  necessary ;  and  it  gratifies  me  to  be  able 
to  state  that  Iowa  has  already  evinced  her  willingness  to 
contribute  more  than  her  proportionate  share  of  men  to  the 
common  defence.  Under  an  act  of  Congress,  authorizing 
the  acceptance  by  the  President  of  the  services  of  fifty 
thousand  volunteers,  a  requisition  was  made  upon  the  Terri- 
tory, in  the  early  part  of  summer,  for  one  regiment  of 
volunteer  infantry,  to  be  raised  and  held  in  readiness  for 
service  whenever  required.  This  force  was  enrolled  and  or- 
ganized into  companies  in  an  unusually  short  period  of  time, 
and  at  present  stands  reported  to  the  President  as  ready  for 
orders.  Should  it  be  called  into  the  field,  I  have  every  con- 
fidence that  the  honor  and  reputation  of  the  State  will  be 
creditably  sustained. 

One  of  the  most  important  subjects,  demanding  legisla- 
tive interposition,  at  the  present  session,  will  be  that  of 
providing  ways  and  means  for  the  support  of  the  State 
government.  In  the  discharge  of  a  task  so  delicate,  and  of 
such  magnitude  in  its  consequences,  I  cannot  but  express  a 
hope  that  resort  to  temporary  measures  of  relief  may  be 
avoided,  and  that  the  responsibility  may  be  fairly  and  fully 
met,  by  the  establishment  of  a  permanent  revenue  system; 
which,  after  the  first  year,  will  secure  to  the  treasury  an 
annual  income  adequate  to  the  public  wants.  Such  a  step 


GOVERNOR   JAMES   CLARKE  333 

is  believed  to  be  called  for  by  considerations  of  sound 
policy,  and  justified  by  the  events  which  render  it  necessary. 
It  would  be  an  unwarrantable  imputation  upon  the  intelli- 
gence of  the  people,  to  suppose  that  they  omitted  to  inform 
themselves  of  the  burthens  the  support  of  a  State  govern- 
ment would  impose  upon  them  when  they  ratified  the  Con- 
stitution; and  to  question  their  willingness  now  to  assume 
those  burthens,  might  well  be  regarded  as  a  stigma  upon 
their  patriotism. 

The  details  of  such  a  system  properly  belong  to  the  legis- 
lative branch  of  government;  but  in  maturing  them,  it  is 
respectfully  suggested  that  a  wide  field  exists  for  reform 
and  improvement.  The  revenue  laws  at  present  in  existence 
are  radically  defective,  and  call  for  amendment.  It  cannot 
be  denied  that  under  the  Territorial  organization,  with  all 
our  legislative,  executive  and  judicial  expenses  borne  by  the 
General  Government,  a  system  of  taxation  exceeded  for 
severity  by  but  few  of  the  States  of  the  Union  has  pre- 
vailed. While  these  excessive  levies  have  been  submitted 
to,  the  necessity  for  their  imposition  has  been  denied.  The 
time  is  believed  to  be  at  hand  when  the  reform  in  this  par- 
ticular, looked  for  in  vain  for  so  long  a  period,  is  imperi- 
ously demanded  by  public  opinion;  and  I  confidently  antici- 
pate the  adoption  of  such  measures,  by  the  Legislature,  as 
will  correct  the  evil  in  future.  The  necessity  for  a  State 
Tax,  equal  to  the  support  of  an  economical  administration 
of  the  government,  such  as  is  contemplated  by  the  Constitu- 
tion, is  immediate  and  obvious;  but  I  should  regret  to  be 
forced  to  the  conclusion  that  the  burthens  of  the  people 
must  be  thereby  necessarily  increased  to  the  amount  of  such 


:m  MESSAGES   AND   PROCLAMATIONS   OF 

new  levy.  Under  such  an  accumulated  load  of  obligation 
their  energies  would  sink,  and  enterprise  and  industry  might 
be  expected  to  take  their  flight  to  less  expensive  and  better 
governed  lands.  I  cannot  permit  myself  to  doubt,  that  if 
the  subject  is  approached  with  an  eye  singly  to  the  public 
interests,  a  reduction  can  be  made  in  the  county  and  town- 
ship rates,  without  in  any  degree  impairing  the  usefulness 
of  these  corporations,  equal  to  any  amount  of  revenue  which 
it  may  become  necessary  to  collect  for  State  purposes.  The 
abolition  of  all  useless  offices,  and  a  reduction  of  the  fees  of 
all  officers  to  the  lowest  standard  which  will  admit  of  a  fair 
equivalent  for  services  rendered,  will  do  something  towards 
effecting  this  result,  and  is  most  earnestly  recommended. 
A  further  reduction  of  the  county  machinery  might  be 
made,  and  a  corresponding  saving  be  effected  to  the  people, 
by  uniting  two  or  more  of  such  of  the  offices  as  cannot  be 
dispensed  with,  and  devolving  the  discharge  of  their  duties 
upon  a  single  person.  Where  this  can  be  done  without  det- 
riment to  the  public  interests,  I  conceive  it  to  be  a  highly 
proper  reform,  called  for  by  considerations  of  economy,  and 
desirable  as  a  check  upon  the  thirst  for  public  station  which 
is  known  to  prevail  in  Iowa  in  common  with  other  portions 
of  the  country.  Offices,  under  our  government,  are  created 
for  the  people,  and  not  for  the  benefit  of  the  incumbents; 
and  to  multiply  them  beyond  the  number  ascertained  to  be 
absolutely  necessary,  is  a  departure  from  that  simplicity 
which  was  originally  intended  to  enter  into  our  institutions. 
It  is  also  a  subject  well  worthy  the  consideration  of  the  Leg- 
islature, whether  officers  in  the  receipt  of  fees,  such  as 
sheriffs,  clerks,  etc.,  should  not  be  required  to  transact  the 


GOVERNOR   JAMES   CLARKE  335 

county  business  appertaining  to  their  respective  offices  free 
of  charge;  and  the  expediency  of  diminishing,  or,  should  the 
public  exigencies  be  deemed  of  a  character  requiring  such  a 
step,  of  entirely  abolishing  the  per  diem  allowance  at  pres- 
ent authorized  to  be  paid  to  grand  jurors,  is  respectfully 
submitted.  As  affecting  the  county  treasuries,  the  several 
measures  of  retrenchment  recommended  cannot  fail  to  exer- 
cise a  most  favorable  influence,  if  carried  into  effect;  and  in 
urging  them  upon  the  attention  of  the  Legislature,  I  look 
not  for  justification  to  the  example  of  other  States  in  which 
similar  reforms  have  been  gone  into,  but  to  the  circum- 
stances by  which  we  are  surrounded,  and  the  manifest  neces- 
sity which  exists  of  limiting  the  public  expenditures  to  the 
ability  of  the  people  to  meet  them. 

The  laws  in  relation  to  the  assessment  of  real  and  per- 
sonal property  are  believed  to  be  imperfect,  and  will  demand 
consideration  at  the  hands  of  the  Legislature,  in  the  general 
modification  of  the  existing  revenue  system  which  it  is  ap- 
prehended will  take  place.  It  is  objected,  that  in  practice, 
they  operate  unequally  and  unjustly  in  the  want  of  some 
rule  to  which  uniformity  may  be  approximated  in  the  valua- 
tion of  property;  and  these  complaints  are  frequently  sus- 
tained by  evidence  showing  them  to  be  well  grounded. 
Although  led  to  believe  that  the  evils  complained  of  are  as 
much  owing  to  the  selection  of  incompetent  and  improper 
agents  to  execute  the  laws,  as  to  any  inherent  defectiveness 
of  the  system  itself,  I  entertain  the  hope  that  it  will  be  in 
the  power  of  the  Legislature  to  apply  at  least  a  partial 
remedy.  The  receipts  from  the  personal  property  tax,  with 
legal  enactments  which  will  enable  the  assessors  to  make 


336  MESSAGES   AND   PROCLAMATIONS   OF 

true  and  correct  assessments,  can,  I  have  reason  to  believe, 
be  materially  augmented,  without  any  increase  in  the  exist- 
ing rates;  but  in  the  absence  of  further  legislative  provision 
on  the  subject,  no  addition  to  the  revenue  need  be  looked 
for  from  this  source,  and  real  estate  must  continue  to  sub- 
mit to  undue  taxation.  Many  proper  objects  of  taxation, 
not  intended  to  be  exempted,  but  which  now  escape  through 
the  looseness  of  the  law,  might  also  be  made  to  contribute 
their  proportionate  share  to  the  support  of  the  State.  The 
imposition  of  a  reasonable  tax  upon  each  suit  brought  in  the 
several  District  Courts  of  the  State,  to  be  paid  into  the 
county  or  State  treasuries,  as  may  be  deemed  to  be  most 
judicious,  is  a  measure  which  I  feel  myself  called  upon  to 
urge  on  your  attention,  as  furnishing  a  legitimate  and 
reliable  source  of  revenue. 

But  while  by  these,  and  similar  reforms,  provisions  may 
be  made  for  the  support  of  the  State  government  in  future, 
without  any  material  augmentation  of  the  public  burthens, 
we  cannot  be  insensible  to  the  pressing  necessities  of  the 
present.  We  enter  upon  our  new  existence  as  a  State  with 
an  empty  treasury,  which  cannot  be  replenished  before  the 
expiration  of  a  year,  and  heir  to  a  debt  of  some  twenty 
thousand  dollars.  The  payment  of  the  debt,  if  deemed 
expedient,  may  be  postponed  to  a  more  convenient  period, 
but  the  immediate  and  accruing  expenses  of  the  government 
must  be  met.  I  know  of  no  other  way  in  which  this  can  be 
done  than  by  the  negotiation  of  a  loan,  and  therefore  recom- 
mend that  immediate  steps  be  taken  by  the  Legislature 
toward  effecting  that  object.  The  sale  of  the  State  bonds, 
to  the  amount  of  thirty  thousand  dollars,  would  furnish  a 


GOVERNOR  JAMES  CLARKE         337 

sufficiency  of  means  to  cover  all  actual  and  necessary  ex- 
penses up  to  January,  1848;  and  twenty  thousand  more 
added  would  enable  the  State  to  pay  off  the  existing  terri- 
torial debt,  all  of  which  is  due  to  domestic  creditors.  With 
such  guarantees  in  favor  of  the  regular  payment  of  the  inter- 
est as  should  accompany  any  law  authorizing  a  loan,  and  as 
it  will  be  in  the  power  of  the  Legislature  to  furnish,  the 
successful  termination  of  any  negotiation  authorized,  upon 
terms  favorable  to  the  State,  may  be  reasonably  anticipated. 
Free,  comparatively,  from  debt,  with  a  constitutional  limita- 
tion upon  the  debt  creating  power;  great  in  all  the  elements 
of  wealth,  agricultural,  mineral  and  commercial,  Iowa,  even 
at  the  commencement  of  her  career,  cannot  but  occupy  a 
position  highly  favorable  to  the  establishment  of  her  credit; 
and  the  maintenance  of  this  credit,  under  all  circumstances, 
should  be  a  chief  object  with  those  entrusted  with  the 
administration  of  her  affairs.  Should  the  Legislature 
coincide  with  me  in  the  opinion  that  a  sale  of  the  State 
bonds  is  the  course  required  by  true  policy,  it  will  be 
necessary  to  authorize  the  appointment  of  an  agent  to 
conduct  the  negotiations;  but  I  must  repeat  my  convic- 
tion that  it  would  be  folly  to  attempt  a  sale  of  such  bonds, 
without  the  adoption  of  such  a  course  on  the  part  of  the 
State  in  advance,  as  will  do  away  with  all  doubts  which  may 
exist  in  the  minds  of  capitalists  as  to  the  regular  payment 
of  the  interest. 

Under  an  act  of  Congress,  approved  March  3d,  1845,  all 
the  lands  lying  in  Iowa,  reserved  for  the  use  of  schools,  are 
granted  to  the  State.  The  aggregate  in  acres,  of  this  grant, 
in  the  counties  already  established  by  law,  is  as  follows: 


338  MESSAGES   AND   PROCLAMATIONS   OF 

ACRES 

Lee  county,  (including  3,308  acres  granted 
by  the  act  of  Aug.  23d,  1842,  for  the 


use  of  the 

Half  Breed  tract)           .         .     9,782 

Van  Buren 

county, 

8,908 

Davis 

i.  i 

.     9,376 

Appanoose 

i  i 

10,240 

Wayne 

1  1 

.    10,240 

Decatur 

i  i 

10,240 

Des  Moines 

a 

.     7,349 

Henry 

(.  i 

7,680 

Jefferson 

t  i 

.     7,680 

Wappello 

i  i 

7,577 

Monroe 

u 

.     7,680 

Lucas 

a 

9,600 

Clarke 

t  i 

.     9,600 

Louisa 

ti 

7,304 

Washington 

i  i 

.    10,240 

Keokuk 

4  ; 

10,240 

Mahaska 

it 

.   10,207 

Marion 

i  i 

10,240 

Warren 

t  i 

.     7,680 

Madison 

i  l 

10,240 

Muscatine 

t  i 

.     9,024 

Scott 

l  i 

8,160 

Cedar 

i  l 

.   10,240 

Johnson 

1  1 

,         10,700 

Iowa 

il 

.  .       ,         .         .   10,240 

Powashiek 

(i 

10,240 

Jasper 

tl 

.   12,800 

GOVERNOR  JAMES  CLARKE          339 

ACRES. 

Polk     county  .         .         .         .         12,800 

Dallas             "  .         .         .             10,240 

Clinton           "  .         .         .          .         12,800 

Jackson          "  11,220 

Jones              "  .         .         .         .         10,240 

Linn               "  .         .         .         .             12,800 

Benton           "  .         .         .         .         12,800 

Tama              "  .         .         .         .             12,800 

Marshall         "  .         .         .         .         10,240 

Story              "  .         .         .         .             10,240 

Boone             "  .         .         .         .         10,240 

Dubuque        "  11,060 

Delaware        "  .         .         .         .         10,240 

Buchanan       "  .          .          .          .             10,240 

Black  Hawk4'  .         .      •.         .         10,240 

Clayton          "  .         .         .          .             14,000 

Fayette           "  .         .         .          .           6,400 


Total       ....          442,107 

The  estimated  quantity  of  school  land,  in  that  portion  of 
the  State  not  yet  laid  off  into  counties,  is  463,048,  making 
a  total  of  905,155  acres.  Add  to  this  the  500,000,  to 
which  we  will  be  entitled  upon  our  admission  into  the 
Union,  and  which  is  appropriated  by  our  Constitution  to 
educational  purposes,  and  we  have  the  magnificent  aggre- 
gate of  1,405,155  acres.  As  the  care  of  these  lands  will 
devolve  upon  the  Legislature,  I  cannot  omit  to  recommend 
the  passage  of  such  additional  laws  as  may  be  necessary  to 
the  preservation  of  their  value.  By  the  act  of  Congress  of 


340  MESSAGES   AND    PROCLAMATIONS   OF 

May  20,  1846,  and  the  act  of  June  25,  1844,  the  Secretary 
of  the  Treasury  of  the  United  States  is  authorized  to  cause 
selections  to  be  made  for  the  townships  where  the  sixteenth 
section  has  been,  in  whole  or  in  part,  disposed  of;  and  also 
for  those  fractional  townships  where  there  is  no  sixteenth 
section,  or  where  the  sixteenth  section  is  a  fractional  one, 
containing  a  less  quantity  of  land  than  the  township  in 
which  it  is  situated  may  be  entitled  to.  For  some  of  the 
townships  and  fractional  townships  in  Iowa,  thus  situated, 
the  trustees  have  recommended  selections,  and  in  others  the 
land  officers;  while  in  many  no  selections  whatever  have 
been  recommended,  and  consequently  no  lands  are  reserved. 
It  is  understood  that  their  selections  have  not  yet  been  con- 
firmed by  the  General  Land  Office;  and  as  a  number  of 
them  were  made  without  a  personal  inspection  of  the  land, 
and  may  prove  to  be  of  little  value,  the  State  could  not  but 
be  benefited  by  authorizing  new  selections.  I  would,  there- 
fore, recommend  that  provision  be  made  for  effecting  this 
object,  as  well  also  as  for  the  immediate  location  of  school 
lands  for  those  townships  where  none  have  been  recom- 
mended, and  where  the  sixteenth  section  may  have  been,  in 
whole  or  in  part,  disposed  of. 

I  cannot  but  regard  the  sale  of  the  school  lands  at  pres- 
ent, as  of  questionable  policy;  but  should  it  be  determined 
to  make  an  early  disposition  of  them,  too  much  care  cannot 
be  taken  to  avoid  an  insecure  investment  of  the  proceeds 
arising  from  their  sale.  The  interest  annually  accruing 
from  such  investment  should  constitute  the  available  school 
fund,  and  might  be  distributed  to  the  several  counties  in 
proportion  to  their  population.  As  the  grant  is  intended 


GOVERNOR   JAMES   CLARKE  341 

for  the  whole  people,  this  is  perhaps  the  only  way  in  which 
justice  can  be  done;  for  if  each  township  is  to  receive  only 
the  proceeds  of  its  own  sixteenth  section,  some  would  be 
almost  entirely  excluded  from  all  participation  in  the  bene- 
fits of  the  fund,  owing  to  the  inferior  character  of  the  land 
assigned  it,  while  others,  with  perhaps  less  population, 
would  receive  a  large  and  over  proportion.  If  the  sale  of 
the  lands  be  not  authorized,  a  law  empowering  the  school 
directors  of  the  several  townships,  or  some  other  organized 
body,  to  lease  or  rent  the  untimbered  portions  of  them, 
would,  it  is  believed,  be  attended  with  beneficial  effects. 

By  an  act  of  Congress,  approved  July  20,  1840,  two 
townships,  or  seventy-two  sections  of  land,  were  set  apart 
to  the  Territory  for  the  use  and  support  of  a  University; 
and  under  the  act  of  March  3d,  1845,  these  lands  are  given 
to  the  State,  to  be  applied  to  the  purposes  for  which  they 
were  originally  granted.  The  selections  authorized  by  this 
act  were  to  be  made  under  the  directions  of  the  Secretary  of 
the  Treasury,  but  no  appropriation  having  been  made  for 
the  pay  of  an  agent,  but  little  has  been  done  towards  carry- 
ing out  the  provisions  of  the  law.  Although  three  several 
persons  have  been  appointed  at  different  periods  to  make 
choice  of  these  lands,  I  know  of  but  two  sections  which 
have  been  regularly  selected  and  returned.  These  lie  in 
Jefferson  county,  and  are  said  to  be  valuable.  As  it  is  of 
manifest  importance  that  further  delay  in  making  this  grant 
available  should  be  avoided,  I  respectfully  suggest  the  pas- 
sage of  an  act  compensating  the  present  agent,  (David  Fer- 
guson, Esq.,  of  Van  Buren  county,)  for  any  services  which 
he  may  perform.  Nothing  short  of  such  a  step,  I  am  sat- 


342  MESSAGES   AND   PROCLAMATIONS   OF 

isfied,  will  enable  the  State  to  locate  the  remaining  seventy 
sections  judiciously,  and  at  an  early  day.  The  government 
surveys  are  at  present  being  actively  prosecuted  in  Iowa, 
and  the  agent  should  be  prepared  to  make  return  of  his 
selections  the  ensuing  spring. 

Under  an  act  of  Congress  approved  August  8,  1846,  one 
equal  moiety  of  all  the  unsold  and  unencumbered  public 
lands,  in  alternate  sections,  in  a  distance  of  five  miles  on 
each  side  of  the  Des  Moines  river,  is  granted  to  the  Terri- 
tory of  Iowa,  to  aid  in  the  improvement  of  the  navigation 
of  said  river,  from  its  mouth  to  the  Raccoon  fork;  and  the 
lands  thus  granted  are  to  become  the  property  of  the  State, 
for  the  purposes  stated,  as  soon  as  it  is  admitted  into  the 
Union,  provided  the  Legislature  will  declare  its  formal 
acceptance  of  the  grant.  The  lands  donated  are  not  to  be 
conveyed  or  disposed  of  except,  as  the  improvements  to 
which  they  are  to  be  applied  progress;  and  are  to  be  selected 
by  an  agent  or  agents  appointed  by  the  Governor  of  the 
Territory.  In  accordance  with  this  provision  of  the  law, 
and  after  waiting  in  vain  for  instructions  from  the  General 
Land  Office,  on  the  eleventh  of  the  present  month  I  ap- 
pointed Jesse  Williams  of  Johnson  county,  Josiah  H.  Bon- 
ney  of  Van  Buren  county  and  Robert  Cock,  of  Wapello 
county,  Commissioners  to  make  the  contemplated  selections. 
These  appointments  were  made  under  the  belief  that  it 
would  be  necessary,  or  at  least  highly  advantageous  to  the 
State,  to  make  a  personal  inspection  of  the  country  em- 
braced within  the  grant;  but  the  agents  were  informed  that 
it  was  not  expected  they  should  proceed  in  the  discharge  of 
the  task  assigned  them  until  further  advised.  I  communi- 


GOVERNOR  JAMES  CLARKE          343 

cate  to  you  a  letter  from  the  Commissioner  of  the  General 
Land  Office,  received  since  these  appointments  were  made, 
accompanied  by  a  diagram  of  the  surveyed  portion  of  this 
grant,  from  which  it  will  be  seen  to  be  the  decision  of  the 
Department  that  the  only  step  necessary  to  be  taken  by  the 
Territory  or  State  is  to  make  choice  between  the  odd  and 
even  sections.  Should  it  be  thought  advisable,  under  this 
decision,  to  dispense  with  all  examination  of  the  land,  it 
will  be  in  the  power  of  the  Legislature  to  do  so.  The  list 
referred  to  in  this  letter  as  showing  the  areas  of  all  the  sec- 
tions and  parts  of  sections  within  the  grant,  was  found  upon 
examination,  to  be  entirely  incorrect,  and  has  been  returned. 
Beyond  the  appointment  of  Commissioners  to  make  the  nec- 
essary selections,  no  measures  have  been  adopted  towards 
fulfilling  the  requirements  of  the  law;  and  it  will  remain  for 
the  State  authorities  to  take  such  further  action  on  the  sub- 
ject as  may  be  found  necessary  to  make  the  donation  avail- 
able. 

That  the  State  will  accept  of  this  extensive  grant  and 
faithfully  apply  its  proceeds,  I  cannot  entertain  a  doubt. 
The  Des  Moines  is  known  to  present  fewer  obstacles  to  nav- 
igation than  any  other  river  within  our  limits,  and  its  im- 
provement has  ever  been  regarded  as  an  object  of  the  first 
importance.  The  practicability  of  so  improving  it  by  locks 
and  dams,  as  to  enable  reasonably  sized  steam  boats  to  pass 
as  high  up  as  the  Raccoon  Fork,  a  distance  of  one  hundred 
and  fifty  miles,  has  been  affirmed  by  engineers  of  experi- 
ence; nor,  from  the  regularity  of  the  river,  its  high  banks, 
rock  bottom,  and  extremely  favorable  character  generally, 
is  it  believed  the  work  would  be  attended  with  any  very 


344  MESSAGES   AND   PROCLAMATIONS   OF 

heavy  expenditure  of  money.  It  is  an  improvement  in 
which  nearly  one-half  of  the  people  of  Iowa  are  directly  in- 
terested, as  furnishing  them  with  an  easy,  safe  and  cheap 
mode  of  transit  for  their  vast  and  increasing  surplus  pro- 
ductions, and  one  which,  when  completed,  will  greatly  add 
to  the  population  and  wealth  of  the  State.  The  precise  ex- 
tent of  the  grant  cannot  be  ascertained  at  present;  but  I  feel 
warranted  in  stating,  from  information  derived  from  the 
most  reliable  sources,  that  it  will  cover  upwards  of  three 
hundred  thousand  acres  of  the  most  fertile  and  valuable 
land  in  Iowa. 

In  order  to  make  these  lands  available,  and  at  the  same 
time  to  avoid  injustice  to  a  very  large  class  of  citizens,  who, 
acting  upon  the  invitation  of  the  government  to  settle  on 
the  public  domain,  have  made  locations  which  will  be  em- 
braced within  the  grant,  additional  Legislation  will  be 
found  necessary.  It  is  estimated  that  at  least  two -thirds  of 
the  entire  donation  is  occupied  and  claimed  by  settlers, 
many  of  whom,  under  the  expectation  of  obtaining  a  title  to 
their  lands  from  the  general  government  at  the  minimum 
price,  have  gone  on  to  make  extensive  and  valuable  im- 
provements. A  change  of  proprietorship  should  not,  in  my 
opinion,  be  permitted  to  place  this  large  and  respectable 
portion  of  our  fellow -citizens  in  a  worse  condition  in  regard 
to  their  lands  than  they  are  at  present,  either  by  increasing 
the  price  or  shortening  the  period  allowed  for  payment.  In 
view  of  all  the  circumstances,  I  am  inclined  to  believe  that  a 
special  preemption  law,  which  will  give  to  the  claimants  the 
privilege  of  entering  their  homes  at  $1.25  per  acre,  will  be 
found  the  most  judicious  course  for  the  State,  as  it  doubtless 


GOVERNOR   JAMES   CLARKE  345 

will  be  the  most  satisfactory  to  the  settlers.  The  passage 
of  such  a  law,  or  of  any  law  looking  to  the  prosecution  of 
the  Des  Moines  river  improvement,  must  necessarily  be  fol- 
lowed by  the  establishment  of  a  land  office,  and  the  appoint- 
ment of  an  agent  or  agents  to  dispose  of  the  lands. 

The  period  has  arrived  when  a  complete  revision  of  the 
laws  of  Iowa  is  on  all  hands  expected.  The  want  of  such  a 
code  has  been  felt  and  acknowledged  for  years,  but  it  was 
deemed  inexpedient  to  commence  its  compilation  until  after 
the  organization  of  a  State  government.  In  calling  the 
attention  of  the  Legislature  to  the  subject  now,  I  feel  that  I 
need  but  refer  to  its  importance  to  ensure  immediate  and 
favorable  action.  The  confusion  which  pervades  our  statute 
enactments  is  as  injurious  in  its  tendencies,  as,  if  permitted 
to  continue,  it  will  be  disreputable  to  the  character  of  the 
State.  Nor  will  it  be  an  easy  task  to  collect,  harmonize, 
and  put  into  proper  shape,  the  incongruous  legislation  of 
eight  years;  but  a  work  of  time  and  labor,  which  should  be 
committed  to  none  but  able  hands.  I  cannot  but  express 
the  hope  that,  in  authorizing  such  a  revision,  the  State  will 
avail  itself  of  its  best  legal  talent,  whether  it  be  deemed  ad- 
visable to  institute  a  special  commission  for  the  purpose,  or, 
as  has  been  done  elsewhere,  some  gentleman  learned  in  the 
law  be  authorized  to  perform  the  work,  with  a  guarantee 
that  the  State  will  subscribe  and  pay  a  stipulated  price  for 
a  certain  number  of  copies  upon  their  delivery.  In  either 
case,  the  State  should  prescribe  the  arrangement  and  execu- 
tion of  the  work  in  the  fullest  manner  possible. 

I  regret  to  inform  you  that  an  effort  made  by  me,  during 
the  past  summer,  to  effect  such  a  return  of  the  effective 


346  MESSAGES   AND   PROCLAMATIONS   OF 

strength  of  the  militia,  as  would  enable  the  State  to  draw 
its  proper  quota  of  arras,  proved  entirely  unsuccessful.  A 
most  unaccountable  feeling  of  indifference  pervades  the 
community  on  this  subject,  which  should,  if  possible,  be 
overcome.  AVe  have  a  militia  law  on  our  statute  book,  and 
the  semblance  of  a  militia  organization,  without  the  reality. 
The  law,  for  all  useful  purposes,  is  a  dead  letter,  and 
should,  it  is  suggested,  be  made  to  give  way  to  one  more 
simple  in  its  provisions,  and  looking  only  to  such  an  organ- 
ization as  will  secure  the  State  its  proportionate  share  in  the 
distribution  of  arms  and  accoutrements  annually  made  by 
the  General  Government.  The  most  effective  measures  are 
called  for  at  the  hands  of  the  Legislature  to  guard  future 
loss  to  the  people  in  this  particular. 

Under  an  act  of  Congress,  passed  at  the  last  session,  all 
necessary  authority  is  conferred  upon  the  Supreme  Court  of 
the  United  States,  to  adjudicate  the  disputed  question  of 
boundary  existing  between  Iowa  and  Missouri.  This  law 
was  passed  in  obedience  to  a  memorial  of  the  Territorial 
Legislature,  and  was  necessary  to  a  determination  of  the 
question  while  Iowa  remained  a  Territory;  but  as  a  State 
she  needs  no  such  law  to  become  a  party  to  any  case  which 
may  be  agreed  upon.  I  adhere  to  the  belief  expressed  in 
my  annual  Communication  to  the  Territorial  Legislature  a 
year  ago,  that  true  policy  requires  that  this  vexatious  and 
long  pending  question  should  be  submitted  to  the  decision 
of  the  Supreme  Court,  and  recommend  that  all  legislative 
provision  necessary  to  the  commencement  and  termination 
of  such  a  suit  be  made. 

The  reports  of  the  auditor  of  Public  Accounts,  and  Terri- 


GOVERNOR  JAMES  CLARKE          347 

torial  Treasurer,  are  herewith  communicated.  The  liabil- 
ities of  the  Territory  are  stated  by  the  Auditor  to  be 
$20,791.25,  and  the  estimated  resources  $8,167.50,  leaving 
an  excess  of  liabilities,  for  the  payment  of  which  there  is  no 
provision,  of  $12,623.75.  The  debt  due  the  Miners  Bank 
of  Dubuque,  amounting,  principal  and  interest,  to  about 
$7,000,  is  understood  not  to  be  included  in  this  excess; 
which  added,  will  show  the  aggregate  of  the  liabilities  of 
the  Territory  to  be  $19,623.75.  This  debt  is  due  chiefly, 
if  not  entirely,  to  our  own  citizens,  whose  interests  will 
demand  consideration  at  your  hands. 

The  law  of  last  session,  for  leasing  the  Penitentiary,  is 
defective,  in  not  requiring  the  lessee  to  submit  an  annual 
report.  In  the  absence  of  information  from  the  proper 
source,  I  am  only  able  to  state  that  during  the  past  year  the 
number  of  convicts  has  varied  from  six  to  two,  the  latter 
being  the  number  at  present  in  confinement.  The  leasing 
system,  whatever  may  have  been  its  success  elsewhere,  in 
the  opinion  of  those  who  have  had  the  best  opportunities  of 
judging,  has  proved  a  failure,  and  should  be  abandoned. 
The  State  owes  it  to  itself  to  assume  the  management  of  the 
prison,  and  to  prescribe  and  enforce  a  rigid  system  of  prison 
discipline.  At  present  there  is  no  discipline  whatever;  the 
convicts  are  more  frequently  employed  without  than  within 
the  walls  of  the  Penitentiary,  and  can  easily  make  their 
escape  when  disposed  to  do  so. 

Within  the  past  year  treaties  have  been  concluded  with 
the  Winnebago  and  Pottawotamie  Indians,  by  which  all  the 
lands  owned  by  these  tribes,  lying  within  Iowa,  are  ceded 
to  the  United  States.  The  country  acquired  from  the  Win- 


348  MESSAGES   AND   PROCLAMATIONS   OF 

nebagoes  constitutes  what  is  known  as  the  "  Neutral 
Ground,"  a  strip  of  land  forty  miles  in  width,  extending 
from  the  Mississippi  to  the  Des  Moines,  and  embraces  about 
four  millions  of  acres  of  choice  and  valuable  land.  The 
Pottawotamie  purchase,  greater  in  extent  than  the  "Neutral 
Ground,"  by  about  a  million  of  acres,  lies  on  the  Missouri 
river,  and  is  also  valuable.  By  these  treaties  the  Govern- 
ment acquires  the  title  to  all  the  Indian  lands  remaining  in 
the  State,  and  we  may  expect  at  an  early  day  to  be  entirely 
relieved  of  our  Indian  population.  The  occurrence  of  this 
event  will  be  the  signal  for  a  rush  of  immigration  to  the 
newly  acquired  lands,  which  must  materially  augment  the 
population  and  wealth  of  the  State. 

The  discharge  of  the  Executive  duties,  under  the  Consti- 
tution, will  shortly  devolve  upon  another,  recently  chosen 
by  the  people,  of  whose  disposition  to  co-operate  with  the 
General  Assembly  in  all  things  calculated  to  advance  the 
interests  of  the  State  I  feel  fully  assured.  That  your  joint 
labors  may  be  characterized  by  harmony,  and  that  a  wise, 
pure,  and  economical  administration  of  the  government  may 
be  secured  to  the  people,  is  my  most  sincere  wish. 

JAMES  CLARKE. 
IOWA  CITY,  DEC.  2,  1846. 


VETO  MESSAGE 


TO  THE  HOUSE  OF  REPRESENTATIVES 

JANUABY  17,  1846 
From  the  Journal  of  the  House  of  Representatives,  p. 


EXECUTIVE  OFFICE,  IOWA  CITY, 
January  17th,  1846. 

The  bill  entitled,  "An  act  for  the  relief  of  Samuel  C. 
Reed,"  being  of  such  a  character  as  to  compel  me  to  with- 
hold my  approval,  I  herewith  return  the  same  to  the  House 
of  Representatives,  where  it  originated,  with  these  my  ob- 
jections. 

The  claim  of  Mr.  Reed,  amounting  to  one  hundred  and 
eighty-three  dollars  and  fifteen  cents,  is  for  provisions  fur- 
nished the  militia  called  into  the  service  by  the  U.  S.  Mar- 
shal, in  the  winter  of  1839-40,  to  support  the  civil  authori- 
ties of  the  Territory  in  maintaining  jurisdiction  over  a  certain 
portion  of  Van  Buren  county. 

The  bill  herewith  returned,  provides  for  the  payment  of 
this  claim  out  of  the  Territorial  Treasury,  with  six  per  cent, 
interest  thereon  from  13th  December,  1839;  the  whole, 
when  taken  together,  exceeds  the  sum  of  two  hundred  and 
fifty  dollars. 

However  just  and  equitable  may  be  this  claim,  I  should 
regard  its  payment  out  of  our  local  treasury,  as  a  virtual 
assumption  of  the  whole  debt  accruing  out  of  our  difficulties 
with  Missouri,  with  a  sum  of  interest  exceeding  one-third  of 
the  original  amount  added  thereto. 


350  MESSAGES   AND   PROCLAMATIONS   OF 

The  Territory  cannot,  without  justly  subjecting  itself  to 
the  charge  of  partiality  in  the  distribution  of  its  favors, 
select  out  one  particular  claimant  for  relief,  and  reject  sim- 
ilar accounts  brought  forward  by  others.  Those  who  fur- 
nished arms,  clothing,  and  other  munitions  of  war,  as  well 
as  the  militia  who  turned  out  on  the  occasion  in  question, 
have  equal  claims  for  remuneration  with  those  who  furnished 
j  >ro visions,  and  the  obligation  rests  upon  us  morally,  if  not 
legally,  to  treat  them  with  equal  favor.  The  recognition  of 
the  account  of  Mr.  Reed  as  legitimately  chargeable  to  the 
Territory,  viewed  in  this  light,  assumes  an  importance  that 
otherwise  could  not  attach  to  it;  for  instead  of  merely 
authorizing  the  liquidation  of  a  demand  for  some  two  hun- 
dred and  fifty  dollars,  as  provided  for  in  the  bill,  its  inevit- 
able effect  would  be  to  entail  upon  the  Treasury  a  debt  of 
from  twenty  to  thirty  thousand  dollars. 

Lieut.  Ruggles,  of  the  U.  S.  Army,  under  instructions 
from  the  war  Department  which  prevented  him  from  em- 
bracing a  large  number  of  well  founded  claims  in  his  esti- 
mate, reported  according  to  my  recollection,  the  amount 
properly  payable  out  of  the  National  Treasury,  in  conse- 
quence of  the  boundary  dispute,  to  be  something  upwards 
of  thirteen  thousand  dollars;  an  amount  which  could  scarcely 
fail  to  be  augmented  to  twenty  thousand,  by  the  admission 
of  the  rejected  items. 

To  this  heavy  sum,  carrying  out  the  principles  of  the  bill 
returned,  interest  would  have  to  be  added  at  the  rate  of  six 
per  cent,  per  annum,  for  six  years,  amounting  to  7,200  dol- 
lars, which  would  swell  the  public  liabilities  from  this  one 
cause  to  the  alarming  aggregate  of  twenty-seven  thousand, 
two  hundred  dollars.  Sympathizing,  as  I  do,  with  those 


GOVERNOR  JAMES  CLARKE          351 

who  are  sufferers  on  account  of  the  aid  rendered  by  them  in 
assisting  the  Governor  and  Marshal  to  maintain  jurisdiction, 
I  cannot,  consistent  with  my  sense  of  duty,  consent  to  be  in- 
strumental in  imposing  upon  the  people  of  Iowa  such  a 
momentous  load  of  debt. 

Although  our  repeated  applications  for  compensation  from 
the  General  Government  have  thus  far  been  ineffectual,  I  do 
not  despair  of  ultimate  success  before  Congress.  The  fact 
of  a  bill  authorising  payment,  having  passed  the  House  of 
Representatives  upon  one  or  two  occasions,  taken  in  connex- 
ion with  the  course  pursued  by  the  war  Department  in  ex- 
amining into  and  ascertaining  the  amount  of  the  claims, 
affords  strong  grounds  for  the  belief,  that  with  the  increased 
weight  and  influence  which  our  admission  into  the  Union  as 
a  State,  will  give  us  at  Washington,  some  relief  measure  can 
be  carried  through.  The  payment  or  assumption  of  these 
expenses,  or  any  portion  of  them,  by  the  Territorial  Legis- 
lature, it  must  be  apparent,  would  materially  lessen,  if  in- 
deed, it  did  not  wholly  destroy  all  hope  of  this  kind.  Were 
the  claim  for  which  the  bill  provides  payment  an  isolated 
one,  my  desire  to  co-operate  with  the  Legislative  Assembly 
in  all  its  acts,  might  have  prevented  me  from  interposing 
any  objection  to  its  payment  out  of  the  Territorial  Treasury, 
notwithstanding  the  impropriety  and  impolicy  of  allowing 
interest  upon  such  accounts;  but  satisfied,  as  I  am,  that, 
should  the  bill  once  become  a  law,  it  will  open  the  door  to 
numberless  other  claims  of  a  similar  character,  and  finally 
lead  to  the  assumption  of  all  the  expenses  attending  the 
Missouri  difficulty,  I  feel  reluctantly  constrained  to  with- 
hold my  assent  to  the  bill. 

JAMES  CLARKE. 


SPECIAL  MESSAGE 


TO  THE  COUNCIL  AND  HOUSE  OF  REPRESENTA- 
TIVES 
JANUARY  9,   1846 

From  the  Journal  of  the  House  of  Representatives,  p.  274 


Gentlemen  of  the  Council  and  of  the  House  of  Representa- 
tives: 

From  information  received  from  a  reliable,  though  unof- 
ficial source,  I  learn  that  the  Sheriff  of  Davis  County,  in  the 
execution  of  a  writ  of  attachment  sued  out  of  the  office  of 
the  Clerk  of  said  county,  against  the  property  of  an  indi- 
vidual residing  on  the  tract  of  land  in  dispute  between  the 
State  of  Missouri  and  this  Territory,  was  arrested  some  ten 
days  or  two  weeks  since  by  the  authorities  of  Schuyler 
county,  Missouri,  on  a  charge  of  attempting  to  exercise  the 
functions  of  his  office  within  the  organized  limits  of  said 
State,  and  was  only  released  upon  executing  security  for  his 
appearance  at  the  next  term  of  the  court  of  the  said  county 
of  Schuyler;  I  further  learn  also,  that  a  few  days  subsequent 
to  the  occurrence  just  related,  another  attempt  was  made  by 
a  considerable  body  of  men  claiming  to  be  citizens  of  Mis- 
souri to  resist  the  execution  of  process  by  the  sheriff  of  Davis 
county,  but  without  success:  the  sheriff  and  his  posse,  in 
defiance  of  all  threats  and  attempts  at  intimidation,  and  in 
the  face  of  a  superior  force,  having  duly  executed  the  writ, 
and  secured  the  property  attached. 


GOVERNOR   JAMES   CLARKE  353 

I  deeply  regret  that  it  becomes  my  duty  to  communicate 
to  the  Legislative  Assembly  this  unpleasant  intelligence. 
The  fact  that  the  Legislature  of  Missouri,  in  March  last, 
enacted  a  law  having  for  its  alleged  object  the  amicable 
settlement  of  the  boundary  difficulty  in  the  Supreme  court 
of  the  United  States,  authorized  the  belief  that  no  attempt 
would  be  made  on  the  part  of  the  authorities  of  that  State 
to  enforce  jurisdiction  beyond  her  heretofore  recognized 
boundary  line,  until  advised  of  the  rejection  of  the  proposed 
mode  of  adjustment  by  this  Territory;  and  if  not  rejected, 
but  assented  to,  to  the  extent  of  our  control  over  the  matter, 
(as  I  entertain  no  doubt  it  will  be  before  the  adjournment 
of  the  present  Legislature)  until  such  time  as  a  decision  can 
be  obtained  in  the  manner  and  form  suggested.  It  appears, 
however,  that  this  expectation  is  not  to  be  realized.  Iowa 
having  exercised  undivided  jurisdiction  over  the  country  in 
dispute,  so  far  as  the  same  has  been  embraced  within  the 
limits  of  her  organized  counties,  ever  since  her  organization 
as  a  Territory,  now  nearly  eight  years,  cannot  be  expected 
to  relinquish  her  claim  at  the  present  moment,  with  the 
prospect  of  a  speedy  and  final  adjustment  of  the  difficulty 
full  in  view.  With  us,  it  should  be  constantly  borne  in 
mind,  the  question  is  one  of  maintenance  of  boundary  and 
jurisdiction,  while  with  Missouri  it  is  one  of  encroachment 
and  extension.  This  distinction  I  conceive  to  be  necessary 
to  the  correct  appreciation  of  the  true  merits  of  the  contro- 
versy, and  important  as  security  to  exonerate  Iowa  from 
responsibility  for  any  unhappy  consequences  which  may 
ensue.  A  strong  and  energetic  appeal  to  Congress  for  the 
speedy  enactment  of  such  a  law  as  will  authorize  the  litigation 


354  MESSAGES   AND   PROCLAMATIONS   OF 

of  the  question  in  the  Federal  court  at  Washington,  will 
demonstrate  the  willingness  of  this  Territory  to  settle  the 
difficulty  in  an  amicable  spirit,  and  at  the  same  time,  it  is 
hoped,  will  call  forth  action  of  the  character  prayed  for,  by 
which  future  collision  may  be  avoided.  This  step  once 
taken,  our  control  over  the  matter  ends. 

There  is  great  reason  to  apprehend  that  the  state  of  things 
which  has  existed  on  the  theatre  of  dispute  for  the  last  year 
and  upwards,  cannot  long  continue  without  producing  results 
of  a  more  serious  character  than  any  that  have  yet  taken 
place.  With  the  lapse  of  time  the  causes  of  difficulty  and 
collision  may  be  expected  to  multiply  until  a  spirit  of  hos- 
tility, is  engendered  between  the  parties  which  can  scarcely 
fail  to  end  in  open  conflict.  The  opposition  of  force  to  force, 
in  the  due  execution  of  the  laws,  is  an  alternative  which  can 
only  be  justified  after  all  pacificatory  measures  have  been 
exhausted;  and  so  far  as  the  authorities  of  this  Territory  are 
concerned,  I  trust  and  believe  no  efforts  consistent  with  a 
just  sense  of  our  rights,  will  be  spared  to  avoid  the  necessity 
of  resorting  to  such  alternative.  Still  it  is  respectfully  sub- 
mitted to  the  wisdom  of  the  Legislature  whether  some  pre- 
cautionary measures  should  not  be  adopted  to  sustain  the 
officers  of  the  law  in  the  discharge  of  their  duty  under  all 
exigencies. 

The  sheriff  of  Davis  county  having  executed  security  for 
his  appearance  at  the  next  term  of  the  Schuyler  county  court, 
which  commences  its  session  in  April,  it  is  but  just  and 
proper  that  counsel  should  be  assigned  him  by  the  Territory. 
In  the  absence  of  any  authority  for  the  employment  of  such 
counsel,  I  respectfully  recommend  to  the  Legislative  Assem- 


GOVERNOR  JAMES  CLARKE          355 

bly  the  passage  of  a  law  empowering  the  Executive  to 
employ  counsel  in  this  and  other  similar  cases  which  may 
hereafter  arise,  and  that  the  expenses  of  such  legal  services 
be  made  payable  out  of  the  Territorial  Treasury. 

JAMES  CLAKKE 
EXECUTIVE  OFFICE,  JAN.   9,   1846. 


PROCLAMATIONS 


CALLING  FOR    VOLUNTEERS  FOR  MEXICAN  WAR 

JUNE  1,  1846 
From  the  Rloomington  Herald,  N.  S. ,  Vol.  7",  No.  8,  June  5,  1846 


The  President  of  the  U.  States  under  a  law  enacted  at 
the  present  session  of  Congress,  authorizing  him  to  accept 
the  services  of  fifty  thousand  Volunteers,  to  serve  in  the 
war  now  existing  between  Mexico  and  the  United  States, 
having  made  a  requisition  upon  me,  as  Executive  of  the 
Territory,  for  the  enrolment  of  one  Regiment  of  Infantry, 
to  be  mustered  into  the  service  at  such  time  as  may  be  re- 
quired, I  hereby  proclaim  the  fact  to  the  citizen  soldiery  of 
Iowa,  not  doubting  but  that  they  will  respond  to  the  call 
with  the  utmost  alacrity  and  promptness.  It  is  due  to  the 
character  of  our  Territory  and  its  inhabitants  that  the  requi- 
sition be  at  once  met  by  voluntary  enlistment;  and  that  it 
will  be  so  met  I  have  entire  confidence.  To  ensure  this 
result,  I  recommend  that  active,  efficient,  and  immediate 
steps  be  taken  in  the  several  counties  of  the  Territory,  to 
procure  the  enrolment,  in  good  faith,  of  all  who  may  be 
disposed  to  tender  their  services  to  their  country,  a  report 
of  the  result  to  be  transmitted  to  me  at  the  earliest  possible 
day.  The  aid  of  all  good  citizens — all  lovers  of  their 
country — is  invoked  and  calculated  on;  and  it  is  especially 
enjoined  on  all  officers  holding  military  commissions  that 


GOVERNOR  JAMES  CLARKE          357 

they  be  active  and  vigilant  in  their  efforts  to  assist  in  rais- 
ing the  force  called  for  by  the  President. 

The  regiment  to  be  organized  is  to  consist  of  ten  com- 
panies, each  company  to  have  one  Captain,  one  1st  and  one 
2d  Lieutenant,  four  Sergeants,  four  Corporals,  two  Musi- 
cians, and  sixty-four  privates.  The  officers,  under  the  act 
of  Congress  of  the  13th  May  last,  are  to  be  appointed  and 
commissioned  in  accordance  with  the  laws  of  this  Territory. 
The  enlistment  is  to  be  for  "twelve  months  after  they  shall 
have  arrived  at  the  place  of  rendezvous,  or  to  the  end  of  the 
war,  unless  sooner  discharged,  according  to  the  time  for 
which  they  shall  have  been  mustered  into  service;"  and  no 
man  under  the  rank  of  commissioned  officer,  who  is  in  years 
apparently  over  forty-five,  or  under  eighteen,  or  who  is  not 
in  physical  strength  or  vigor,  will  be  received.  As  soon  as 
the  War  Department  is  apprised  that  the  enrolment  is  full, 
an  officer  of  the  army  will  be  detailed  to  muster  the  volun- 
teers into  the  service  of  the  United  States,  after  which,  in 
all  things  but  clothing  and  pay,  they  will  take  the  organiza- 
tion of  the  regular  army.  "In  lieu  of  clothing,  every  non- 
commissioned officer  and  private  in  any  company  who  may 
thus  offer  himself  shall  be  entitled,  when  called  into  actual 
service,  to  receive,  in  money  a  sum  equal  to  the  cost  of 
clothing  of  a  non-commissioned  officer  or  private  (as  the 
case  may  be)  in  the  regular  troops  of  the  United  States." 

The  President,  in  thus  offering  us  an  opportunity  of  par- 
ticipating in  the  danger  and  glory  of  inflicting  merited  chas- 
tisement upon  the  invaders  of  our  soil,  has,  I  am  confident, 
but  anticipated  the  wishes  of  the  great  body  of  our  people. 
It  remains  for  us  to  prove  by  our  acts,  that  he  has  not 


358  MESSAGES   AND   PROCLAMATIONS   OF 

formed  too  high  an  estimate  of  our  devotion  to  country,  and 
that  the  flame  of  patriotism  burns  not  less  brightly  in  Iowa 

than  elsewhere. 

JAMES  CLARKE. 

By  the  Governor: 

JESSE  WILLIAMS,  Secretary  of  the  Territory. 
EXECUTIVE  OFFICE,  BURLINGTON,  JUNE  1,  1846. 


ON    THE    VOTE  RATIFYING     THE    CONSTITUTION 

AND  FIXING  DATE  FOR  ELECTION  OF 

STATE   OFFICERS 

SEPTEMBER  9,  1846 
From  the  Bloomington  Herald,  N.  8.,  Vol.  7,  No.  22,  Sept.  11,  1846 


Returns  having  been  received  at  the  office  of  the  Secre- 
tary of  the  Territory  of  the  votes  taken  for  and  against  the 
Constitution,  at  the  general  election  held  on  the  third  day 
of  August  last,  in  all  the  origanized  [organized]  counties 
thereof  except  Delaware  and  Buchanan,  in  conformity  to  the 
provisions  of  uAn  act  to  provide  for  the  election  of  Dele- 
gates to  a  Convention  to  form  a  Constitution  and  State  Gov- 
ernment," approved  January  17, 1846;  and  the  said  votes  so 
returned  having  been  counted  in  the  presence  of  the  under- 
signed, Governor  of  the  said  Territory,  and  examined  and 
compared  as  contemplated  by  law;  it  is  hereby  declared  and 
made  known,  (in  compliance  with  the  spirit  and  intention  of 
the  provisions  of  said  act,)  that  there  were  given,  in  the 
counties  from  which  returns  have  been  received,  nine  thou- 
sand four  hundred  and  ninety -two  votes  for  the  Constitu- 


GOVERNOR   JAMES   CLARKE  359 

tion,  and  nine  thousand  and  thirty-six  votes  against  it, 
making  a  majority  of  four  hundred  and  fifty -six  votes  in 
favor  of  the  Constitution: 

And  Whereas,  said  majority  exceeds  by  three  hundred 
and  seventy-nine  votes  the  aggregate  vote  cast  at  the  elec- 
tion held  in  August  18-45  for  Delegate  to  Congress  in  the 
counties  not  returned,  thus  making  it  manifest,  in  the  absence 
of  complete  returns,  that  a  majority  of  the  votes  have  been 
cast  in  favor  of  the  adoption  of  the  Constitution.  It  is 
therefore,  conformably  to  the  provisions  of  the  statute, 
hereby  proclaimed,  that  the  Constitution  on  the  eighteenth 
day  of  May,  1846,  has  been  formally  ratified  and  adopted 
by  the  people. 

And  Whereas,  under  the  Constitution  thus  adopted,  it  is 
made  the  duty  of  the  Governor  of  the  Territory  to  desig- 
nate, by  proclamation,  a  day  for  the  holding  of  the  first  gen- 
eral election  for  the  selection  of  State  officers,  and  members 
of  the  first  State  Legislature.  Be  it  therefore  known,  that 
MONDAY,  THE  26TH  DAY  OF  OCTOBER  NEXT, 
is  the  day  fixed  upon  for  the  holding  of  said  State  election, 
at  which  time  the  qualified  electors  of  Iowa  will  elect  one 
Governor,  two  Representatives  in  Congress  of  the  United 
States,  one  Secretary  of  State,  one  State  Auditor,  one  State 
Treasurer,  and  such  number  of  members  of  the  Senate  and 
House  of  Representatives  of  the  State  as  are  designated  and 
provided  for  in  article  thirteen  of  said  Constitution.  Said 
elections,  under  said  Constitution,  are  to  be  conducted  in  all 
respects  according  to  the  existing  laws  of  the  Territory,  ex- 
cept only  in  such  cases  as  the  same  may  be  found  to  conflict 
with  the  Constitution  under  which  the  election  will  be  held. 


360  MESSAGES   AND   PROCLAMATIONS   OF 

In  Testimony  whereof,  I  have  hereunto  subscribed 
L.  S.     my  name,  and  caused  the  Seal  of  the  Territory  to 

l>e  affixed. 

Done  at  Burlington,  this  ninth  day  of  September,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  forty-six, 
and  of  the  Independence  of  the  United  States  the  seventy- 
first.  JAMES  CLARKE. 
By  the  Governor, 

JESSE  WILLIAMS,   Secretary  of  the  Territory. 


FIXING  DATE  FOR   THE  FIRST  MEETING   OF  THE 
GENERAL  ASSEMBLY  OF  THE  STATE 

NOVEMBER  5,   1846 
From  the  Iowa  Standard,  N.  S. ,  Vol.  I,  No.  22,  Nov.  11,  1846 


WHEREAS,  under  the  constitution  adopted  by  the  people 
of  Iowa  at  the  last  August  election,  it  is  made  the  duty  of 
the  Executive  of  the  Territory  to  prescribe  a  time  for  the 
meeting  of  the  State  Legislature  elected  on  the  26th  of 
October  last — I,  James  Clarke,  Governor  of  said  Territory 
of  Iowa  do  hereby  issue  this,  my  proclamation,  directed  to 
the  several  members  chosen  as  aforesaid,  designating  Mon- 
day, the  30th  of  November,  inst.,  as  the  day  for  the  meet- 
ing t of  said  State  Legislature: 

In  testimony  whereof,  I  have  subscribed  my  name, 

and  caused  the  Great  Seal  of  the  Territory  to  be 

(SEAL)      affixed,  at  Burlington,  this  fifth  day  of  November, 

A.  D.  1846.  JAMES  CLARKE. 

By  the  Governor, 

JESSE  WILLIAMS,   Secretary  of  State. 


GOVERNOR  JAMES   CLARKE  361 

ON  THANKSGIVING 

NOVEMBEB  6,  1846 
From  the  Iowa  Standard,  N.  S.,  Vol.  I,  No.  22,  Nov.  11,  1846 


CONFORMABLY  to  the  request  of  many  highly  respectable 
persons  belonging  to  the  several  religious  denominations  of 
the  Territory,  and  in  obedience  to  a  venerable  and  generally 
approved  usage,  I  hereby  name  Thursday,  the  26th  day 
of  November,  inst.,  as  a  day  of  general  Thanksgiving 
throughout  Iowa,  and  recommend  that  it  be  celebrated  by 
prayer,  humiliation,  and  abstinence  from  secular  employ- 
ment. 

It  is  meet  on  an  occasion  like  the  present,  when,  as  a 
people,  we  are  about  assuming  new  and  important  responsi- 
bilities, that  light  and  wisdom  should  be  invoked  from 
above.  Moreover,  the  past  year  has  been  fruitful  of  bless- 
ings to  our  favored  Territory,  for  which  we  have  abundant 
causes  to  be  grateful.  Thanks  for  our  continued  existence 
and  prosperity  as  a  community;  for  augmented  human  com- 
forts; for  health  and  a  bountiful  yield  of  the  necessaries  of 
life;  for  the  advance  of  learning,  science,  and  education;  for 
the  onward  march  of  the  doctrines  of  Christianity;  for  the 
triumph  of  our  country's  arms  on  the  ensanguined  field; — 
all  these,  and  more,  we  are  called  upon  to  render.  The 
spectacle  of  a  whole  people  voluntarily  uniting  on  a  partic- 
ular day  in  a  tribute  of  praise  for  the  blessings  they  enjoy 
is  one  of  the  most  impressive  character,  containing  the  best 
assurances  of  the  durability  and  permanency  of  the  liberal 
institutions  under  which  we  live. 

In  testimony  whereof,  I  have  hereunto  subscribed 


362  MESSAGES   AND   PROCLAMATIONS   OF 

my  name,  and  caused  the  Great  Seal  of  the  Terri- 
(SEAL)      tory  to  be  affixed,  at  Burlington,  this  sixth  day  of 
November,  1846. 

JAMES  CLARKE. 
By  the  Governor: 
JESSE  WILLIAMS, 

Secretary  of  the  Territory. 


BIOGRAPHICAL   SKETCH 

Ansel  Briggs,  the  first  Governor  of  the  State  of  Iowa, 
was  born  in  Vermont  on  February  3,  1806.  About  1830 
he  removed  with  his  parents  to  Cambridge,  Ohio.  Here  he 
became  interested  in  establishing  and  operating  stage  lines. 
In  1836  he  removed  from  Ohio  to  Andrew,  Jackson  County, 
Iowa,  where  he  continued  to  interest  himself  in  stage  lines. 
During  the  Territorial  period  he  held  a  number  of  contracts 
for  the  carrying  of  United  States  mail  in  Iowa. 

He  was  educated  in  his  native  State,  where  he  attended 
the  common  schools  and  spent  one  term  at  the  Academy  of 
Norwich. 

In  1842  he  was  elected  to  the  House  of  Representatives 
of  the  Territory  of  Iowa.  In  September,  1846,  he  was  nom- 
inated by  the  Democrats  for  the  office  of  Governor  of  Iowa. 
His  election  took  place  in  October  of  the  same  year.  On 
December  3,  1846,  he  was  inaugurated  as  the  first  Governor 
of  the  State  of  Iowa.  He  served  for  the  full  term  of  four 
years. 

For  some  time  after  his  term  of  office  as  Governor,  Ansel 
Briggs  continued  to  reside  at  Andrew,  Jackson  County. 
But  in  1870  he  removed  to  Council  Bluffs.  He  died  at  the 
home  of  his  son  in  Omaha,  Nebraska,  on  May  5,  1881.  He 
was  buried  at  Omaha. 

BIBLIOGRAPHICAL  NOTE. — Iowa  Historical  Record,  Vol.  I,  p.  145. 
Annals  of  Iowa,  3d,  Series,  Vol.  II,  p.  219. 


INAUGURAL  ADDRESS 

DECEMBER  3,  1846 
From,  the  Journal  of  the  House  of  Representatives,  p.  34 


Gentlemen  of  the  Senate,  and  House  of  Representatives: 

Having  been  called  by  the  suffrages  of  my  fellow-citizens, 
to  the  Executive  office  of  the  State  of  Iowa,  I  enter  upon 
the  discharge  of  its  duties  with  a  profound  sense  of  grati- 
tude for  this  manifestation  of  public  confidence.  From  my 
want  of  experience  in  the  affairs  of  civil  administration,  I 
must  naturally  feel  a  great  degree  of  embarrassment  in  my 
present  position;  but  that  feeling  will  be  greatly  lessened 
from  the  hope  and  belief  which  I  entertain,  that  in  your 
character  of  representatives  of  an  enlightened  constituency, 
you  will  kindly  extend  to  me  your  aid  and  indulgence. 

The  circumstances  under  which  you  assemble  are  to  us  of 
a  novel,  interesting  and  important  character.  We  have 
passed  from  a  dependent  Territory  to  an  independent  and 
sovereign  State,  and  it  is  a  subject  of  congratulation  that  we 
shall  no  longer  be  denied  the  blessings  and  privileges  con- 
sequent upon  this  great  change. 

Our  Constitution  is  one  which  does  honor  to  the  character 
and  intelligence  of  our  infant  State;  and  we  need  apprehend 
no  difficulty  in  the  way  of  our  full  admission  into  the  Fed- 
eral Union,  so  soon  as  the  simple  form  of  its  presentation  in 
the  Congress  of  the  United  States  is  complied  with. 


368  MESSAGES   AND   PROCLAMATIONS   OF 

Having  a  country  unsurpassed  in  beauty  and  fertility,  and 
which  is  rapidly  filling  up  with  an  intelligent  and  enterpris- 
ing people,  we  bid  fair  in  a  very  short  time  to  take  a  most 
enviable  position  among  our  sister  States.  But,  gentlemen, 
it  much  depends  upon  your  action  at  this  first  session  of  our 
Legislature,  whether  we  shall  advance  to  that  position  by 
rapid  strides,  or  for  years  be  left  to  "draw  our  slow  length 
along."  If  you  proceed  with  that  calmness  and  caution, 
that  fervent  desire  for  the  happiness  and  welfare  of  our 
country,  which  should,  and  doubtless  will  characterize  your 
deliberations,  all  will  be  well;  but  if,  unhappily,  from  any 
cause,  the  utmost  care  is  not  taken  to  guard  against  hasty 
and  unnecessary  legislation,  lasting  evils  may  be  entailed 
upon  our  institutions. 

Having  only  within  the  last  four  days  had  notice  of  my 
election,  and  not  being  in  possession,  and  having  no  oppor- 
tunity of  access  to  any  data  by  which  to  be  guided,  it  can- 
not be  expected  that  I  will,  at  this  time,  attempt  to  call 
your  attention  to  any  specific  subjects  of  legislation.  In- 
deed, it  is  now  rendered  altogether  unnecessary,  as  His 
Excellency,  the  Governor  of  the  Territory,  has  done  this  in 
his  able  communication  of  yesterday,  to  the  two  Houses  of 
the  General  Assembly. 

You  will  have  the  Constitution  before  you,  gentlemen, 
which  points  out  all  subjects  of  immediate  legislation  that 
will  be  necessary  to  set  the  State  Government  in  motion; 
and  I  shall,  as  it  may  become  necessary  in  the  progress  of 
your  labors,  make  you  further  communications. 

In  conclusion,  gentlemen,  permit  me  to  assure  you,  that 
in  all  your  efforts  which  are  directed  to  the  advancement 


GOVERNOR  ANSEL  BRIGGS  369 

and  prosperity  of  our  State,  you  shall  have  my  hearty  co- 
operation, trusting  that  if  we  place  a  proper  reliance  on  that 
Supreme  Being  who  rules  and  governs  all  nations,  our  labors 
at  this  first  and  most  important  session  of  the  Legislature, 
will  redound  to  the  honor  and  happiness  of  our  fellow- 
citizens. 

ANSEL  BRIGGS. 
IOWA  CITY,  DECEMBER  3,  1846. 


SPECIAL  SESSION  MESSAGE 

JANUARY  3,  1848 
From  the  Journal  of  the  House  of  Representatives,  p. 


Gentlemen  of  tlie  Senate,  and  House  of  Representatives: 

The  ninth  section  of  the  fifth  article  of  the  Constitution 
of  this  State,  provides  that  the  Executive  "may  on  extraor- 
dinary occasions,  convene  the  General  Assembly  by  Procla- 
mation, and  shall  state  to  both  Houses,  when  assembled, 
the  purpose  for  which  they  shall  have  been  convened." 
Believing  that  the  interests  and  welfare  of  the  State  called 
for  the  exercise  of  the  power  thus  conferred  upon  the 
Executive,  I  issued  my  Proclamation  convening  the  General 
Assembly,  at  Iowa  City,  on  the  first  Monday  in  January, 
1848.  You  have  assembled  in  obedience  to  that  proclama- 
tion, and  I  now  proceed  to  state,  as  concisely  as  possible, 
the  "purpose"  for  which  you  have  been  convened. 

Our  Laws  relative  to  Common  Schools,  in  my  judgment, 
call  for  your  immediate  and  careful  attention.  The  people 
of  Iowa  have  ever  manifested  an  earnest  and  commendable 
zeal  in  the  spread  of  education,  and,  especially,  in  the  estab- 
lishment of  an  efficient  and  permanent  system  of  Common 
Schools.  Of  such  prominent  importance  is  this  subject  in 
their  estimation,  that  they  have  made  the  most  ample  pro- 
visions in  the  Constitution  for  the  spread  of  education  and 
the  support  of  common  schools;  and,  also,  enjoined  upon 


GOVERNOR  ANSEL   BRlGGS  371 

the  General  Assembly,  in  an  imperative  imanner,  the  duty 
of  carrying  out  those  provisions. 

The  act  of  the  General  Assembly,  approved  February 
24th  1847,  entitled  "an  act  supplemental  and  amendatory 
to  an  act  to  establish  Common  Schools,"  approved  January 
16,  1840,  provides,  "That  there  shall  be  annually  an  elec- 
tion on  the  first  Tuesday  of  April,  in  each  School  District, 
for  the  purpose  of  choosing  three  Directors,  who  shall  hold 
their  office  until  their  successors  are  elected;"  that  "at  each 
annual  township  election,  there  shall  be  a  School  Inspector 
elected,  who  shall  hold  his  office  for  one  year,  and  until  his 
successor  shall  be  elected;"  that  "at  the  next  annual  town- 
ship election  and  tri-annually  thereafter,  there  shall  be  a 
Superintendent  of  Public  Instruction  elected,  who  shall  hold 
his  office  for  three  years,  and  until  his  successor  shall  be 
duly  elected  and  qualified;"  and  that  "at  the  next  annual 
township  election,  in  every  organized  county  in  this  State, 
there  shall  be  selected  a  school  fund  commissioner  for  the 
county,  who  shall  hold  his  office  two  years,  and  until  his 
successor  is  elected  and  qualified. " 

Soon  after  its  approval,  and  previous  to  the  last  township 
elections,  the  law  was  published  in  several  of  the  newspapers 
of  the  State.  Supposing  the  law  to  have  taken  effect,  and 
to  be  in  force,  the  people,  on  the  first  Tuesday  of  April  last 
past,  and  at  the  last  township  elections,  elected  the  officers 
above  enumerated.  The  highest  judicial  tribunal  of  the 
State  has  since  decided,  that  at  the  time  those  elections  were 
held,  the  School  of  Law  of  1847  was  not  in  force,  and  that 
the  elections,  so  far  as  those  officers  were  concerned,  were 
void  and  of  no  effect. 


372  MESSAGES   AND   PROCLAMATIONS   OF 

As  it  is  understood  the  law  is  now  in  force,  and  as  it 
expressly  repeals  all  School  laws  heretofore  in  force,  it 
seems  the  people,  at  the  present  time,  have  a  school  law, 
but  no  officers  to  carry  out  the  provisions  of  that  law. 

Some  of  the  school  officers  thus  elected,  have  entered 
into  bonds,  and  have  endeavored  to  discharge  their  duties 
under  the  law;  and  among  others,  the  Superintendent  of 
Public  Instruction.  Some  of  them,  however,  remain  in- 
active and  uncertain  as  to  the  line  of  conduct  they  ought 
to  pursue.  To  be  thus  situated,  is  extremely  embarrassing 
and  detrimental  to  the  cause  of  education. 

The  School  Law  of  1847,  would  probably  be  so  con- 
structed [construed]  as  to  authorise  the  election  of  school 
officers  at  the  coming  township  elections;  but  as  much  con- 
fusion undoubtedly  prevails  in  the  minds  of  the  people 
touching  their  duty  under  the  law,  I  respectfully  recom- 
mend that  this  subject  receive  your  earliest  and  most  earnest 
attention,  and  that  such  measures  be  taken  as  will  secure  to 
the  people  as  speedily  as  possible,  the  benefit  of  the  liberal 
provision  made  in  the  constitution  for  the  spread  of  edu- 
cation and  the  support  of  common  schools. 

In  connection  with  the  foregoing,  I  would  respectfully 
invite  your  attention  to  an  act  of  the  General  Assembly, 
approved  February  25th,  1847,  entitled  "an  act  to  provide 
for  the  management  and  disposition  of  the  School  Fund." 
The  eighth  section  of  this  act  provided  "that  the  manner  of 
selecting  the  Five  [hundred]  thousand  acres  of  land  men- 
tioned in  the  second  section  of  the  tenth  article  of  the  Con- 
stitution, and  the  disposition  thereof,  for  the  support  of 
schools,  shall  be  as  follows,  to  wit:  Any  person  capable  of 


GOVERNOR  ANSEL  BRIGGS  373 

contracting,  having  settled  upon  public  lands,  the  quality 
whereof  and  the  improvements  thereon  will,  in  the  opinion 
of  the  Fund  Commissioner  of  the  county,  render  the  selec- 
tion a  safe  and  profitable  one,  may  in  writing  signify  to 
said  Fund  Commissioner  his  or  her  desire  to  have  the  same 
recognized  as  School  land,  and  thereupon  the  same,  not 
exceeding  three  hundred  and  twenty  acres,  shall  be  returned 
by  said  Fund  Commissioner,  with  the  date  of  their  selection, 
to  the  Superintendent  of  Public  Instruction,  to  be  by  him 
registered  as  lands  selected  by  the  State  under  the  grant 
from  Congress  referred  to.  After  which  the  said  Fund 
Commissioner  shall  proceed  to  contract  with  such  settler  for 
a  sale  thereof. 

The  seventeenth  section  of  the  act  provides  that  "the 
Superintendent  of  Public  Instruction  shall  report,  from  time 
to  time,  all  selections  made  under  the  eighth  section  of  this 
act,  to  the  Secretary  of  the  Treasury  of  the  United  States, 
and  to  the  proper  Land  Office. " 

Selections  made  according  to  the  provisions  of  the  eighth 
section  of  this  act,  have  been  reported  to  the  General  Land 
office  by  the  gentleman  elected  as  Superintendent  of  Public 
Instruction.  The  report  has  been  returned,  as  incorrect 
and  invalid,  on  the  ground  that  the  selections  thus  made, 
conflict  with  the  General  Land  Office  instructions  of  August 
6th,  1847,  in  reference  to  State  selections  under  the  act  of 
Congress  of  4th  September  1841,  entitled,  "an  act  to 
appropriate  the  proceeds  of  the  sales  of  the  public  lands 
and  to  grant  pre-emption  rights. "  The  5th  section  of  those 
instructions  makes  it  important  and  necessary  that  the 
selecting  agent  of  the  State  "should  make  such  careful  and 


374  MESSAGES   AND   PROCLAMATIONS   OF 

thorough  preliminary  examinations  as  will  enable  him  to 
select  lands  to  which  may  exist  no  valid  claim  by  pre-emp- 
tion or  otherwise;"  and  the  sixth  section  provides  that  "if, 
notwithstanding  such  precaution,  the  State  shall  hereafter 
select  lands  which  shall  be  found  to  be  interfered  with  by 
any  prior  or  better  claim  or  claims,  the  selections,  to  the 
whole  extent  of  such  claim  or  claims,  will  of  course  be  null 
and  void."  It  will  readily  be  perceived  from  the  foregoing 
instructions,  that  it  is  not  contemplated  by  the  act  of  Con- 
gress, above  referred  to,  to  surrender  to  the  States  any  land 
covered  by  any  valid  claim  uby  pre-emption  or  otherwise." 
Consequently,  the  law  of  this  State, — allowing  persons  hav- 
ing claims  upon  the  public  lands  by  virtue  of  improvements 
thereon;  to  register  them  as  lands  selected  by  the  State, 
and  then  to  purchase  them  from  our  own  State  officers,  con- 
flicts, in  a  very  material  point,  with  the  instructions  from 
the  General  Land  Office.  It  is  of  the  utmost  importance  to 
the  cause  of  education  in  this  State  that  these  selections 
should  be  made  as  soon  as  practicable.  In.  order  to  accom- 
plish this  object,  our  laws  relative  to  the  making  of  those 
selections  must  harmonize  with  the  requirements  of  the  Gen- 
eral Government.  I  trust  that  this  subject,  also,  will  re- 
ceive your  early  attention.  The  circular  of  Instructions 
from  the  General  Land  Office  of  August  6th,  1847,  the 
selections  reported  by  the  Superintendent  of  Public  Instruc- 
tion, together  with  a  letter  from  the  General  Land  Office  of 
November  3d,  1847,  relative  to  those  selections,  will  here- 
after be  presented  to  you.  It  is  a  source  of  regret  that  so 
much  confusion  prevails  in  our  Statute  Laws.  The  interests 
of  the  state,  in  my  opinion,  call  for  a  revision  of  those  laws 


GOVERNOR   ANSEL   BRIGGS  375 

as  soon  as  practicable.  Should  you  coincide  with  the  execu- 
tive in  this  opinion,  I  would  respectfully  recommend  that  a 
commissioner  or  commissioners  be  appointed  to  revise  the 
code ;  and  that  they  be  instructed  or  required  to  report  their 
proceedings  at  the  next  regular  session  of  the  General 
Assembly. 

The  Penitentiary  of  this  State  is  in  an  unfinished  and  in- 
efficient condition.  It  is  important  that  the  provisions  of 
the  act  of  the  General  Assembly,  approved  February  25th, 
1847,  relative  to  the  appointment  of  an  agent,  by  joint  reso- 
lution of  the  General  Assembly,  to  make  the  necessary  con- 
tracts for  completing  the  building,  should  be  carried  into 
effect;  and  I  would  therefore  suggest  that  this  subject  re- 
ceive your  prompt  attention. 

Since  the  close  of  the  last  session  of  the  General  Assem- 
bly, all  of  the  Judges  of  the  Supreme  Court  of  this  State, 
who  held  their  offices  by  virtue  of  appointments  under  the 
General  Government,  have  resigned.  The  eighth  section  of 
the  fifth  article  of  the  Constitution,  provides  that  "when 
any  office  shall,  from  any  cause,  become  vacant,  and  no 
mode  is  provided  by  the  Constitution  and  laws,  for  filling 
such  vacancy,  the  Governor  shall  have  power  to  fill  such 
vacancy,  by  granting  a  commission,  which  shall  expire  at 
the  end  of  the  next  session  of  the  General  Assembly  or  at 
the  next  election  by  the  people, "  as,  in  my  opinion,  the 
contingencies  contemplated  by  the  Constitution,  had  arisen, 
I  filled  the  vacancies  thus  occasioned,  by  granting  commis- 
sions, which  will  "expire  at  the  end  of  the  next  session  of 
the  General  Assembly." 

The  question  may  possibly  be  started,  whether  the  Con- 


:?7G  MESSAGES   AND    PROCLAMATIONS   OF 

stitution  intends  that  these  commissions  shall  expire  at  the 
end  of  a  regular  session  of  the  General  Assembly,  or  whether 
it  will  be  so  constructed  [construed]  as  to  render  the  pro- 
vision above  mentioned,  applicable,  also  to  a  special  ses- 
sion^ It  can  be  gathered  from  the  Constitution,  that  the 
people  of  this  State  are  determined  to  retain  as  much  power 
in  their  own  hands,  as  they  can  consistently  with  a  proper 
and  judicious  Administration  of  the  affairs  of  the  Govern- 
ment, as  all  history  and  experience  teach,  that  where  power 
is  vested  in  any  one  man,  it  is  liable  to  be  perverted  and 
abused,  they  have  thought  proper,  in  order  to  prevent  any 
temptations  to  such  abuse,  to  withhold,  as  a  general  rule, 
all  power  from  their  State  officers  except  such  as  is  abso- 
lutely necessary  for  the  performance  of  their  official  duties. 
Consequently,  so  far  as  the  power  of  appointment  is  con- 
cerned, the  Executive  of  this  State  is  clothed  with  that 
power  only  when  a  vacancy  in  office  occurs,  for  which  no 
provision  is  made  in  the  Constitution,  and  laws;  and  it  is 
further  provided  that  even  those  appointments  shall  exist 
no  longer  than  until  the  people  can  fill  such  vacancies,  either 
by  their  own  immediate  action,  or  in  the  manner  provided 
by  them.  As  the  Executive  is  thus  restricted — as  the 
power  would  probably  not  have  been  granted  could  it  prop- 
erly have  been  withheld, — and  as  it  appears  clear  that  it  is 
the  intention  of  the  Constitution  that  the  people  shall  exer- 
cise this  power  as  soon  as  they  have  an  opportunity  so  to 
do,  I  am  strongly  inclined  to  the  belief  that  these  commis- 
sions expire  at  the  end  of  the  present  session  of  the  General 
Assembly;  and  that,  if  it  was  the  intention  of  the  powers  of 
the  Constitution  that  they  should  expire  at  the  end  of  the 


GOVERNOR   ANSEL   BRIGGS  377 

next  regular  session,  they  would  have  so  couched  the  pro- 
vision in  question,  instead  of  using  the  language  in  which  it 
stands  clothed. 

Should  you  concur  in  the  opinion  of  the  Executive,  it 
will  be  your  duty  to  elect  a  Chief  Justice  and  two  Associate 
Justices,  in  accordance  with  the  third  section  of  the  sixth 
article  of  the  Constitution. 

We  have  emerged  from  a  Territorial  into  a  State  Govern- 
ment— have  taken  onr  stand  among  our  sister  States,  and  are 
therefore  entitled  to  be  represented  by  two  Senators  in  the 
Senate  of  the  United  States.  Many  questions  of  vital 
importance  will  come  before  that  body  for  its  consideration 
during  the  present  session  of  Congress. — War  exists  between 
this  country  and  Mexico.  Congress  has  declared,  by  an 
almost  unanimous  vote,  that  this  war  was  commenced  "by 
the  act  of  Mexico."  The  Administration  is  advancing  the 
national  honor  and  character,  by  conducting  this  war  in  a 
thorough  and  energetic  manner,  while  at  every  step  the 
olive  branch  of  peace  is  extended  to  the  enemy.  They 
have  rejected  all  terms  of  peace  heretofore  offered.  The 
vigorous  prosecution  of  the  war  on  the  part  of  our  Govern- 
ment, is  more  or  less  opposed  by  a  very  respectable  portion 
of  our  fellow-citizens;  and  the  enemy  will,  undoubtedly, 
continue  to  reject  our  proffered  terms  of  peace,  until  it  is 
ascertained  whether  that  opposition  will  gain  the  ascendency 
in  the  republic. — The  voice  of  Iowa,  therefore,  should  be 
heard,  and  her  true  sentiments  felt,  in  the  Senate  of  the 
United  States.  Under  such  circumstances,  it  is  believed 
by  the  Executive,  that  the  duty  of  electing  United  States 
Senators,  according  to  the  provision  of  the  Constitution, 
will  be  by  you,  speedily  and  harmoniously  performed. 


378  MESSAGES   AND    PROCLAMATIONS   OF 

As  it  is,  unquestionably,  the  desire  of  the  people,  that 
the  affairs  of  State  should  be  conducted  as  economically  as 
possible,  consistently  with  their  interests,  I  have  recom- 
mended and  briefly  communicate  upon  those  subjects  only, 
which,  in  my  judgment,  immediately  affect  those  interests; 
and  I  would  respectfully  suggest  that  your  attention  should, 
at  the  present  session,  be  confined  to  those  matters  in  which 
they  are  thus  concerned,  and  that,  as  a  general  rule,  all 
local  legislation  be  deferred  until  the  regular  session  of  the 
General  Assembly. 

ANSEL  BRIGGS. 

IOWA  CITY,  JANUARY  3d,  1848. 


FIRST   BIENNIAL  MESSAGE 

DEC.  5,  1848 
From  the  Journal  of  the  House  of  Representatives,  p.  13 


Gentlemen  of  the  Senate,  and  House  of  Representatives: 

You  have  assembled  as  a  co-ordinate  branch  of  the  Gov- 
ernment, for  the  purpose  of  performing  the  duties  imposed 
upon  you  by  the  Constitution  of  the  State.  It  is  a  source 
of  gratification  and  pride  that  we  compose  one  of  the  States 
of  this  great  confederacy,  and  that  we  live  in  a  country,  the 
Government  of  which,  is  superior  to  any  that  has  ever  been 
formed  by  the  wit  of  man.  Republics  possessing  some  of 
the  features  of  our  own,  have  arisen  and  passed  away.  For 
nearly  three-quarters  of  a  century,  our  country  has  pros- 
pered in  an  unprecedented  manner;  she  has  stood  unshaken 
amidst  internal  commotions,  wars  of  invasion,  and  a  foreign 
war;  and  our  citizens  are,  at  the  present  time,  equal  if  not 
superior  to  any  upon  the  face  of  the  earth,  in  all  that  can 
ennoble  and  dignify  mankind.  But  our  own  sagacity  has 
not  produced  these  great  and  happy  results.  The  eye  of 
Almighty  God  has  watched  over  us;  His  arm  has  been 
stretched  out  to  protect  and  assist  us;  and  our  deepest  grati- 
tude at  all  times  is  a  poor,  but  it  may  possibly  be  an  accept- 
able, offering  to  Him  for  the  many  and  great  favors  which 
He  has  bestowed  upon  us.  Being  thus  favored  of  Heaven, 
every  citizen  is  under  the  most  solemn  obligations  to  pre- 


380  MESSAGES   AND   PROCLAMATIONS   OF 

serve  unimpaired  our  Union  and  our  institutions.  Every 
State  exerts  an  influence.  We  have  lately  entered  the  con- 
federacy, and  it  should  be  our  great  desire  to  labor  earnestly 
and  faithfully  to  promote  the  happiness  of  the  people  of 
our  own  State,  while  at  the  same  time  we  should  be  equally 
solicitous  touching  the  prosperity  and  honor  of  our  common 
country. 

You,  fellow  citizens,  are  the  representatives  of  the  people 
of  this  State.  You  are  fresh  from  their  midst,  and  under- 
stand their  wishes  and  interests.  It  will  undoubtedly  be  a 
prominent  consideration  that  we  are  their  servants;  that 
they  expect  us  to  perform  our  duties  with  dignity  and 
energy;  and  especially  may  they  reasonably  expect  that  all 
legislative  business  will  be  despatched  as  speedily  as  pos- 
sible, consistent  with  accuracy  and  propriety,  in  order  that 
they  may  not  be  harassed  with  unnecessary  burdens. 

If  the  matters  which  I  shall  feebly  and  imperfectly  pre- 
sent for  your  consideration,  fall  short  of  what  the  people 
expect  at  your  hands,  or  if  they  in  any  way  conflict  with 
their  best  interests,  it  is  the  earnest  hope  of  the  executive 
that  you  will,  by  your  superior  wisdom  and  acquaintance 
with  their  wants,  supply  the  proper  remedy. 

The  following  statement  exhibits  the  amount  of  the  re- 
ceipts and  disbursements  of  the  treasury,  since  the  annual 
report  of  the  territorial  treasurer,  dated  Nov.  16th,  1846: 

BECEIPTS.  PAYMENTS. 

Receipts  from  16th  Nov.  1846,  to 

1st  March,  1847 $  1,379.97 

Payments  from  16th  Nov.  1846, 

to  1st  March,  1847 $  1,377.35 


GOVERNOR   ANSEL   BRIGGS  381 

RECEIPTS.  PAYMENTS. 

[Amount  brought  forward.  . .     $1,379.97       $1,377.35] 
Receipts  from  1st  March  1847,  to 

llth  June  1847 3,316.28 

Payments  from  1st  March  1847, 

to  llth  June  1847 3,309.76 

Receipts  from  llth  June  1847,  to 

6th  Sept.    1847 54,679.99 

Payments  from  llth  June  1847, 

to  6th  Sept.  1847 49,097.88 

Receipts  from  6th  Sept.  1847,  to 

30th  Nov.  1847 1,210.29 

Payments  from  6th  Sept.  1847,  to 

30th  Nov.   1847 6,812.54 

Receipts  from  30th  Nov.  1847,  to 

6th  March,  1848 13,278.95 

Payments  from  30th  Nov.  1847, 

to  6th  March  1848 8,028.58 

Receipts  from  6th  March  1848,  to 

6th  June,  1848 2,580.56 

Payments  from  6th  March  1848, 

to  6th  June,  1848 2,960.96 

Receipts  from  6th  June,  1848,  to 

31st  October,  1848 180.63 

Payments  from  6th  June,   1848, 

to  31st  October,  1848 3,663.20 

$76,644.67     $75,250.27 
75,250.27 

Balance  on  31st  October,  1848 .     $1,394.40 


382  MESSAGES   AND   PROCLAMATIONS   OF 

It  will  be  perceived  by  the  foregoing  statement  that  on 
the  31st  of  October,  1848,  there  was  a  balance  in  the 
treasury  of  one  thousand  three  hundred  and  ninety-four 
dollars  and  forty  cents. 

There  is  no  object  for  the  promotion  of  which  an  enlight- 
ened legislator  will  more  readily  apply  his  best  energies, 
than  that  of  education.  It  is  generally  conceded  that  our 
present  school  law  is,  in  many  respects,  exceedingly  defect- 
ive. One  of  the  prominent  purposes  for  which  the  General 
Assembly  was  convened  in  extra  session  in  January  last, 
wras  the  amendment  of  this  law,  or  the  substitution  of  a 
different  one.  Numerous  petitions  were  presented  to  the 
Legislature,  in  which  the  solicitude  of  the  people  in  refer- 
ence to  this  subject,  could  not  have  been  mistaken.  The 
law,  however,  was  not  amended,  and  neither  was  a  new  one 
enacted.  It  is  to  be 'regretted  that  the  earnest  wishes  of 
the  people  in  this  particular,  should  have  been  thus  frus- 
trated. 

In  inviting  your  attention  to  this  subject,  I  would  respect- 
fully suggest  that  there  are  one  or  two  points,  connected 
with  it,  upon  which  your  immediate  action  would  be  of 
essential  service  to  the  cause  of  education  throughout  the 
State. 

The  second  section  of  the  tenth  article  of  the  constitution 
makes  appropriations  for  a  perpetual  State  school  fund,  the 
interest  of  which  alone  shall  be  applied  to  the  support  of 
common  schools.  By  the  school  law  of  1847,  all  the  moneys 
constituting  this  perpetual  fund  flow  into  the  hands  of  the 
School  Fund  Commissioners.  The  fourth  section  of  the  fore- 
going article  of  the  constitution,  provides  that  "The  money 


GOVERNOR  ANSEL   BRIGGS  383 

which  shall  be  paid  by  persons  as  an  equivalent  for  exemp- 
tion from  military  duty,  and  the  clear  proceeds  of  all  fines 
collected  in  the  several  counties  for  any  breach  of  the  penal 
laws,  shall  be  exclusively  applied,  in  the  several  counties  in 
which  such  money  is  paid  or  fine  collected,  among  the  sev- 
eral school  districts  of  said  counties,  in  the  proportion  to 
the  number  of  inhabitants  in  such  districts,  to  the  support 
of  common  schools,  or  the  establishment  of  libraries,  as  the 
General  Assembly  shall  from  time  to  time  provide  by  law." 
It  would  seem  clear  that  it 'is  not  the  intention  of  the  con- 
stitution that  the  interest  of  the  funds  accruing  under  this 
section,  should  be  applied  to  the  support  of  common  schools 
in  the  several  counties,  but  that  the  principal  itself  should 
be  thus  applied;  and  it  would  also  seem  clear  that  these 
funds  should  be  kept  separate  and  apart  from  the  permanent 
school  fund.  By  the  twenty -third  section  of  the  school  law 
of  1847,  it  is  made  the  duty  of  the  county  Treasurer  to  pay 
over  to  the  School  Fund  Commissioner  of  the  proper  county, 
on  the  fifteenth  day  of  February,  annually,  for  the  use  of 
common  schools  within  the  county,  all  the  moneys  specified 
in  the  fourth  section  of  the  foregoing  article  of  the  constitu- 
tion, together  with  "All  funds  in  the  treasury  arising  from 
the  sale  of  water  crafts,  lost  goods  and  estrays. "  And  the 
nineteenth  section  of  the  law  provides  for  levying  a  tax  by 
the  county  commissioners  of  the  several  counties  throughout 
the  State,  for  the  support  of  common  schools  in  their 
respective  counties.  These  taxes  when  collected,  are  also 
paid  into  the  hands  of  the  School  Fund  Commissioners,  on 
the  fifteenth  day  of  February,  annually.  These  funds  were 
likewise  unquestionably  intended  to  be  kept  separate  from 


384  MESSAGES   AND   PROCLAMATIONS   OF 

the  permanent  school  fund,  and  to  be  wholly  distributed  in 
the  several  counties  where  the  tax  is  levied  and  collected- 
There  are  no  provisions  in  the  law,  however,  for  keeping 
these  funds,  and  those  arising  from  the  sources  heretofore 
specified,  separate  and  apart  from  the  permanent  fund,  nor 
for  their  separate  distribution.  On  the  fifteenth  day  of 
February,  annually,  they  are  paid  over  to  the  School  Fund 
Commissioners,  where  they  must  either  lie  idle,  or  be  loaned 
out  in  accordance  with  the  thirty-seventh  section  of  the 
school  law;  which  section  was  evidently  intended  to  apply 
exclusively  to  the  management  of  the  permanent  fund.  I 
would,  therefore,  recommend  that  some  measure  be  speedily 
adopted  by  which  the  Fund  Commissioners  will  be  enabled, 
when  these  funds  come  into  their  hands  in  February  next, 
to  manage  and  distribute  them  according  to  the  intention  of 
the  constitution  and  the  laws;  and  I  would  further  recom- 
mend that  all  other  defects  in  our  common  school  system , 
receive  your  earliest  and  most  earnest  attention. 

In  my  message  delivered  at  the  special  session  in  January 
last,  I  called  the  attention  of  the  General  Assembly,  to 
"An  Act  of  the  General  Assembly,  approved  February 
25th,  1847,  entitled  'An  Act  to  provide  for  the  manage- 
ment and  distribution  of  the  school  fund."  The  eighth 
section  of  this  act  provides  "That  the  manner  of  selecting 
the  five  [hundred]  thousand  acres  of  land  mentioned  in  the 
second  section  of  the  tenth  article  of  the  constitution,  and 
the  disposition  thereof,  for  the  support  of  schools,  shall  be 
as  follows,  to  wit:  any  person  capable  of  contracting,  hav- 
ing settled  upon  the  public  lands,  the  quality  whereof,  and 
the  improvements  thereon,  within  the  opinion  of  the  Fund 


GOVERNOR   ANSEL   BRIGGS  385 

Commissioner  of  the  county,  render  the  selection  a  safe  and 
profitable  one,  may  in  writing  signify  to  said  Commissioner 
his  or  her  desire  to  have  the  same  recognized  as  school 
lands,  and  thereupon  the  same,  not  exceeding  three  hundred 
and  twenty  acres,  shall  be  returned  by  said  Fund  Commis- 
sioner, with  the  date  of  their  selection,  to  the  Superinten- 
dent of  Public  Instruction,  to  be  by  him  registered  as  lands 
selected  by  the  State  under  the  grant  from  Congress  referred 
to;  after  which  the  said  Fund  Commissioner  shall  proceed 
to  contract  with  such  settler  for  the  sale  thereof. 

The  seventeenth  section  of  the  act  provides  that  "The 
Superintendent  of  Public  Instruction  shall  report  from  time 
to  time,  all  selections  made  under  the  eighth  section  of  this 
act  to  the  Secretary  of  the  Treasury  of  the  United  States, 
and  to  the  proper  land  office." 

Selections  made  according  to  the  provisions  of  the  eighth 
section  of  this  act,  have  been  reported  to  the  General  Land 
Office,  by  the  gentleman  elected  as  Superintendent  of  Public 
Instruction.  The  report  has  been  returned  as  incorrect  and 
invalid,  on  the  ground  that  the  selections  thus  made,  conflict 
with  the  General  Land  Office  instructions  of  August  6th, 
1847,  with  reference  to  State  selections  under  the  act  of 
Congress  of  the  4th  September,  1841,  entitled  "An  Act  to 
appropriate  the  proceeds  of  the  sales  of  the  public  lands 
and  to  grant  pre-emption  rights."  The  fifth  section  of 
those  instructions  makes  it  important  and  necessary  that  the 
selecting  agent  of  the  State  "should  make  such  careful  and 
thorough  preliminary  examinations  as  will  enable  him  to 
select  lands  to  which  there  may  exist  no  valid  claim  by  pre- 
emption or  otherwise;"  and  the  sixth  section  provides  that 


386  MESSAGES   AND    PROCLAMATIONS   OF 

"if,  notwithstanding  such  precaution,  the  State  shall  here- 
after select  lands  which  shall  be  found  to  be  interfered  with 
by  any  prior  or  better  claim  or  claims,  the  selections  to  the 
whole  extent  of  such  claim  or  claims,  will,  of  course,  be  null 
and  void."  It  will  readily  be  perceived  from  the  fore- 
going instructions,  that  it  is  not  contemplated  by  the  act  of 
Congress  above  referred  to,  to  surrender  to  the  State  any 
land  covered  by  any  valid  claim  "by  pre-emption  or  other- 
wise;" consequently,  the  law  of  this  State,  allowing  persons 
having  claims  upon  the  public  lands  by  virtue  of  improve- 
ments thereon,  to  register  them  as  lands  selected  by  the  State, 
and  then  to  purchase  them  from  our  own  State  officers,  con- 
flicts in  a  very  material  point,  with  the  instructions  from  the 
General  Land  Office.  It  is  of  the  utmost  importance  to 
the  cause  of  education  in  this  State,  that  these  selections 
should  be  made  as  soon  as  practicable.  In  order  to  accom- 
plish this  object,  our  laws  relative  to  the  making  of  these 
selections,  must  harmonize  with  the  requirements  of  the 
General  Government. 

The  General  Assembly  addressed  a  memorial  to  Congress 
protesting  against  the  instructions  of  the  General  Land 
Office,  and  praying  that  those  instructions  might  be  so 
modified  as  to  give  our  State  the  benefit  of  the  act  of 
Congress  of  the  4th  of  September,  1841.  Of  the  fate  of 
that  memorial  the  executive,  up  to  the  present  time,  has 
received  no  intelligence.  Whether  it  will  be  more  advan- 
tageous to  the  cause  of  education  and  the  interests  of  the 
State,  to  await  the  result  of  that  memorial,  than  immediately 
to  cause  our  laws  relative  to  these  selections,  to  harmonize 
with  the  instructions  of  the  General  Land  Office,  I  leave  for 


GOVERNOR  ANSEL  BRIGGS  387 

you  to  determine,  as  the  selections  are  at  present  suspended, 
and  as  they  will  so  continue,  until  either  Congress  or  the 
General  Assembly  shall  act  upon  the  matter.  I  trust  the 
subject  will  receive  that  attention  at  your  hands  which  its 
high  importance  demands. 

Below  is  presented  the  number  of  all  able-bodied  white 
male  citizens,  between  the  ages  of  eighteen  and  forty-five 
years,  subject  to  military  duty  in  each  of  the  counties  which 
have  been  reported  to  me,  in  accordance  with  an  act  en- 
titled '  'An  Act  requiring  the  assessors  to  take  lists  of  per- 
sons subject  to  military  duty,"  approved  January  25,  1848. 

COUNTIES.  NUMBER. 

Lee, 2688 

Johnson,             .....  666 

Poweshiek,              .....  61 

Linn, 704 

Cedar, 539 

Iowa,         ......  81 

Clinton, 383 

Jackson,              .....  1025 

Jasper,                     .         .         .         .         .  108 

Keokuk, 485 

Louisa,            ......  668 

Washington,      .         .         .         .         .  566 

Davis, 721 

Dallas, 59 

Polk, 678 

Clayton,    ......  419 

Henry, 950 

Jefferson, 1100 


388  MESSAGES   AND   PROCLAMATIONS   OF 

COUNTIES.  NUMBER. 

Muscatine,  /  697 

Van  Buren, 1640 

Buchanan,      .         .          .          .         .         .  71 


Whole  number  reported,       .         .          14310 

Several  of  the  counties  have  failed  to  forward  an  abstract 
in  obedience  to  the  act  above  mentioned.  However  irksome 
the  performance  of  this  species  of  military  duty  may  to 
some  appear,  it  cannot  be  denied  that  a  well  organized 
militia  is,  in  every  point  of  view,  essentially  necessary  in 
this  State;  and  without  further  comment,  I  would  suggest 
that  at  least  such  an  organization  be  effected  as  will  entitle 
us  to  receive  our  quota  of  arms  from  the  General  Govern- 
ment. 

At  the  special  session  in  January  last,  the  General 
Assembly  forwarded  a  memorial  to  Congress,  praying  for 
an  appropriation  of  land  for  the  construction  of  a  railroad 
from  Dubuque  to  Keokuk,  through  the  interior  of  the  State. 
It  was  there  referred  to  a  committee,  the  chairman  of  which, 
it  is  understood,  reported  adversely  to  the  prayer  of  the 
memorial,  on  the  ground  that  the  route  had  not  been  sur- 
veyed, nor  its  practicability  and  distance  reported.  A  rail- 
road through  the  center  of  our  State  would  most  eminently 
contribute  to  the  development  of  our  agricultural,  mineral 
and  other  resources.  The  efforts  of  the  Legislature  to 
obtain  from  Congress  a  donation  of  land  for  that  purpose, 
must  be  a  source  of  extreme  gratification  to  the  people  of 
the  State;  and  notwithstanding  the  failure  of  those  efforts, 
-for  causes  above  stated,  there  are  powerful  reasons  for  a 


GOVERNOR   ANSEL   BRIGGS  389 

repetition  of  the  attempt  to  obtain  the  desired  donation. 
Before  another  memorial  is  presented,  however,  it  seems  it 
will  be  necessary  to  make  a  survey  of  the  contemplated 
route,  and  to  lay  before  Congress  all  the  information  rela- 
tive thereto,  that  can  be  conveniently  obtained.  Whether 
you  will  deem  it  expedient  to  leave  this  preliminary  labor 
to  private  enterprise  and  energy,  or  adopt  such  measures  as 
will  secure  its  performance  on  the  part  of  the  State,  will  be 
a  question  properly  belonging  to  you  to  decide.  Should 
you  deem  it  your  duty  to  renew  the  application  on  the  part 
of  the  State,  there  would  seem  no  impropriety  in  furnishing 
Congress,  at  the  expense  of  the  State,  all  necessary  infor- 
mation connected  with  such  application. 

It  may  not  be  improper  to  state  here,  that  I  have  received 
copies  of  resolutions  adopted  by  the  Legislatures  of  several 
of  the  States,  approving  of  Mr.  Asa  Whitney's  plan  of  a 
railroad  to  connect  the  Atlantic  and  Pacific  oceans;  and 
which  resolutions  contain  instructions  to  the  representatives 
in  Congress  from  those  States,  requesting  them  to  give  the 
project  their  support.  It  is  believed  that  this  subject  will 
be  vigorously  pressed  upon  the  attention  of  Congress  at  its 
coming  session.  Should  this  project,  or  a  similar  one,  be 
favorably  viewed  by  Congress,  it  may  not  be  unworthy  of 
consideration  whether  a  subsequent  application  by  you  to 
that  body  for  a  donation  of  land  for  a  railroad  through  the 
centre  of  this  State,  might  not  be  partly  based  upon  the 
fact  that  such  road  could  be  made  to  form  one  of  the  links 
in  the  great  chain  of  railroads  connecting  the  Atlantic  and 
Pacific.  A  road  connecting  with  the  Chicago  and  Galena 
road,  and  then  running  through  the  centre  of  this  State  to 


390  MESSAGES   AND   PROCLAMATIONS   OF 

Council  Bluffs,  would,  it  is  believed,  effect  that  object,  and 
at  the  same  time  be  of  great  advantage  to  our  citizens.  But 
whatever  may  be  thought  of  this  suggestion,  should  you 
deem  it  your  duty  to  present  another  memorial  to  Congress 
for  a  donation  of  land  for  a  railroad  through  the  State,  I 
trust  at  least  that  such  a  route  will  be  selected  as  will 
advance  the  best  interests  of  the  people. 

The  Board  of  Public  Works  have  received  thirty  thousand 
dollars  from  the  sale  of  the  lands  granted  by  Congress  to 
aid  in  the  improvement  of  the  navigation  of  the  Des  Moines 
river,  and  one-half  of  that  sum  has  been  expended  on  the 
improvement.  I  have  certified  these  facts  to  the  President 
of  the  United  States  as  required  by  the  act  granting  the 
lands.  It  is  understood  that  the  improvement  is  rapidly 
progressing  under  the  management  of  the  Board. 

In  the  sale  of  the  lands,  the  thirtieth  section  of  the  act 
entitled  uan  act  creating  a  Board  of  Public  Works,  and 
providing  for  the  improvement  of  the  Des  Moines  river," 
provides  that  "at  the  time  of  the  sale,  the  Treasurer  and 
Secretary  shall  issue  their  certificates  of  the  same  to  the 
respective  purchasers,  retaining  duplicates  thereof,  patents 
shall  thereupon  issue,  signed  by  the  Governor,  subject  to 
such  regulations  as  may  be  prescribed  by  law." 

No  regulations  have  yet  been  prescribed  by  law  for  the 
issuing  of  these  patents,  and  I  would  suggest  that  the  Board 
of  Public  Works  be  authorized  to  prepare  and  fill  them  up, 
and  then  forward  them  to  the  Executive  for  his  signature. 

One  of  the  most  important  duties  devolving  upon  the 
General  Assembly,  at  its  present  session,  is  the  apportion- 
ment of  the  State  in  accordance  with  the  thirty-first  section 


GOVERNOR   ANSEL   BRIGGS  391 

of  the  fourth  article  of  the  constitution.  I  rest  assured  that 
you  will  meet  this  duty  with  that  deliberation  which  its 
proper  performance  demands. 

The  remarks  in  my  message  delivered  at  the  special  ses- 
sion, relative  to  the  unfinished  condition,  and  the  necessity 
of  completing  the  Penitentiary  of  this  State,  I  respectfully 
reiterate  at  the  present  time. 

The  Commissioners  appointed  to  revise  the  statutes  of 
this  State,  have  submitted  a  report  to  me,  which  is  here- 
with transmitted. 

The  suit  relative  to  the  boundary  line  between  this  State 
and  Missouri,  has,  I  understand,  been  taken  to  the  Supreme 
court  of  the  United  States,  where  it  will  probably  be  heard 
and  decided  during  the  present  winter. 

During  the  interval  between  the  adjournment  of  the  first 
General  Assembly  under  the  constitution,  and  the  opening 
of  the  special  session,  all  of  the  Judges  of  the  Supreme  court 
of  this  State,  who  held  their  offices  by  virtue  of  appoint- 
ment under  the  General  Government,  tendered  their  resigna- 
tions to  me.  The  eighth  section  of  the  fifth  article  of  the 
constitution  provides  that  "when  any  office  shall  from  any 
cause,  become  vacant,  and  no  mode  is  provided  by  the  con- 
stitution and  laws  for  filling  such  vacancy,  the  governor 
shall  have  power  to  fill  such  vacancy,  by  granting  commis- 
sions, which  shall  expire  at  the  end  of  the  next  session  of 
the  General  Assembly,  or  at  the  next  election  by  the  peo- 
ple." I  accordingly  filled  the  vacancies  in  the  Supreme 
Court  by  issuing  commissions,  which,  in  my  judgment,  ex- 
pired at  the  close  of  the  special  session.  As  the  General 
Assembly  neglected  to  elect  Judges  during  that  session,  at 


392  MESSAGES  AND   PROCLAMATIONS   OF 

its  close,  I  issued  commissions  to  the  gentlemen  now  filling 
the  offices  of  Chief  Justice  and  Associate  Justices  of  the 
Supreme  Court.  Those  commissions  will  expire  at  the  close 
of  the  present  session,  and  it  will  be  your  duty  to  elect 
judges  of  the  Supreme  Court  in  compliance  with  the  consti- 
tution and  laws. 

It  will  also  be  your  duty  to  elect  two  United  States  Sen- 
ators. Two  sessions  of  the  General  Assembly  have  been 
held  since  our  State  organization,  during  which  the  election 
of  United  States  Senators,  and  judges  of  our  Supreme  Court, 
were  duties  enjoined  upon  it  by  the  constitution.  Unfortu- 
nately for  the  State,  those  duties  have  not  yet  been  per- 
formed. If  this  result  arose  from  difficulties  which  presented 
themselves,  and  which  members  felt  unable  to  surmount 
without  further  consultation  with  their  constituents,  I  feel 
confident  that,  as  you  are  fresh  from  the  people,  you  have 
received  such  instructions  from  them,  as  will  enable  you  to 
discharge  these  duties  with  promptitude  and  harmony. 

I  cannot  refrain  from  again  impressing  upon  your  minds 
the  propriety  of  a  speedy  and  energetic  discharge  of  your 
various  duties;  that  accuracy  and  dispatch  should  character- 
ize all  of  your  proceedings;  that  no  matters  foreign  to  the 
interests  of  the  State  should  be  introduced  into  your  delib- 
erations; and  may  we  all  so  perform  our  duties  as  to  receive 
the  approbation  of  the  people,  of  our  own  consciences,  and 
the  approving  smile  of  Heaven. 

ANSEL  BRIGGS. 

IOWA  CITY,  DECEMBER  5,  1848. 


GOVERNOR   ANSEL  BRIGGS  393 

To  His  Excellency  the  Governor  of  Iowa : 

The  undersigned  who  were  appointed  by  an  act  of  January  25th, 
1848,  to  draft,  revise  and  prepare  a  code  of  laws  for  the  State  of 
Iowa,  beg  leave  to  report: 

That  they  have  not  been  able  to  complete  the  task  assigned  them, 
and  that  it  will  require  from  three  to  five  months  in  order  to  mature 
their  work. 

The  great  mass  of  the  work  is  in  writing,  but  we  have  not  been  able 
to  give  it  that  consideration  which  it  demands  before  it  is  presented. 
The  work  of  revising  and  writing  alone  has  required  the  greater 
portion  of  the  time  since  it  was  commenced.  To  digest  it  is  the 
more  important  part  of  our  task,  and  which  remains  to  be  done. 

The  importance  of  the  work,  and  the  consequences  which  will  flow 
from  a  good  or  bad  performance  of  it,  are  so  great,  that  the  under- 
signed are  not  willing  to  pass  it  without  the  most  mature  care.  The 
revised  code  is  intended  to  be  a  permanent  work.  All  future  legisla- 
tion will  have  relation  to  it.  If  it  is  made  complete  and  harmonious, 
but  little  legislation  will  be  hereafter  required  on  subjects  of  a 
general  nature.  If  it  is  left  incomplete  and  incongruous,  it  will 
require  repeated  amendments  and  alterations,  until  we  shall  no  longer 
have  a  code.  Unless  such  a  work  receives  the  maturest  care  and  con- 
sideration, it  were  as  well  if  it  were  not  undertaken. 

Your  excellency  will  permit  us  to  suggest  that  in  no  case,  we 
believe,  has  a  whole  code  of  Statute  law  been  prepared  in  one  year. 
In  Massachusetts  two  years  were  allowed  three  commissioners  to 
prepare  the  criminal  portion  alone  of  their  code.  The  commissioners 
of  the  revision  in  New  York,  at  the  end  of  the  first  year  reported 
upon  only  one  department  of  the  Statute  law. 

You  will  permit  us  to  suggest  further,  that  several  radical  changes 
in  important  branches  were  expected  in  a  revision,  and  though  the 
undersigned  are  prompt  to  adopt  such,  yet  they  should  not  be  made 
without  the  most  mature  consideration. 

In  presenting  these  views,  sir,  we  have  (in  the  words  of  our  oath) 
"an  eye  single  to  the  good  of  the  people  of  Iowa;"  and  in  present- 


394  MESSAGES   AND   PROCLAMATIONS   OF 

ing  them,  we  trust  we  shall  receive  the  indulgence  of  the  General 
Assembly. 

If  we  were  permitted  a  suggestion,  it  would  be,  that  the  present 
session  be  made  a  brief  one,  and  that  an  adjournment  take  place  to  a 
future  day  some  months  hence. 

We  are  your  Excellency's 
With  sentiments  of 

High  consideration, 

W.  G.  WOODWARD, 
CHARLES  MASON, 
S.  HEMPSTEAD. 
IOWA  CITY,  DEC.  4th,  1848. 


SECOND   BIENNIAL  MESSAGE 

DECEMBER  3,  1850 
From  the  Journal  of  the  House  of  Representatives,  p.  8 


Gentlemen  oftlie  Senate,  and  House  of  Representatives: 

Since  the  close  of  the  last  session  of  the  General  Assembly, 
it  can  with  propriety  be  said  that,  as  a  people,  we  have  en- 
joyed the  blessing  of  general  health.  It  is  true,  some  por- 
tions of  our  State  have,  for  a  short  period,  been  visited  by 
a  malignant  disease,  which,  in  other  States  of  our  confed- 
eracy, has  carried  thousands  to  the  tomb,  yet  within  our 
own  borders,  through  the  mercy  of  the  sovereign  Ruler  of 
the  Universe,  its  fierce  ravages  have  been  stayed,  and  but  a 
small  number  of  our  people  have  fallen  victims  before  the 
destroyer;  though  that  number,  small  as  it  was,  embraced 
some  of  our  most  prominent  and  distinguished  citizens. 
While  we  deeply  sympathise  with  those  who  are  filled  with 
sorrow  for  the  loss  of  relatives  and  friends,  our  hearts 
should  overflow  with  gratitude  to  Him  who  directs  the  pes- 
tilence, for  the  evidence  he  has  given  us  of  his  kind  care 
and  consideration,  and  for  the  many  and  great  blessings 
which  he  has  showered  upon  our  State  and  country. 

Notwithstanding  the  prevalence  of  the  disease  as  above 
mentioned,  Iowa  has  steadily  increased  in  population  and 
wealth;  her  energies  have  been  strengthened;  her  resources 
are  being  constantly  developed ;  emigration  is  rapidily  pour- 


396  MESSAGES   AND   PROCLAMATIONS   OF 

ing  in  upon  and  spreading  over  her  broad  and  fertile  domain; 
and  the  evidence  of  enterprise  and  prosperity  can  be  seen 
on  every  hand.  Should  we  continue  to  be  blessed  by  the 
smiles  of  Providence,  we  have  every  reason  to  believe  that 
our  course  will  continue  to  be  onward  and  upward. 

The  following  statement  exhibits  the  amount  of  the 
receipts  and  disbursements  of  the  Treasury,  from  the  report 
of  the  Treasurer,  bearing  date  October  31,  1848,  up  to 
November  4th,  1850. 

BECEIPT8.  PAYMENTS. 

Amount  in  Treasury  October  31, 

1848 $  1,394.40 

Amount  received  up  to  March  5th, 

1849 24,924.47 

Amount  disbursed  up  to  March 

5th,  1849 $22,976.55 

Amount  received  up  to  June  4th, 

1849 18,281.32 

Amount  disbursed  up  to  June  4th, 

1849 15,890.89 

Amount  received  up  to  November 

5th,  1849 7,067.85 

Amount  disbursed  up  to  Novem- 
ber 5th,  1849 13,280.19 

Amount  received  up  to  March  4th, 

1850 30,689.60 

Amount  disbursed   up  to  March 

4th,  1850 26,108.63 

Amount  received  up  to  September 

2d,  1850 7,666.94 


GOVERNOR   ANSEL   BRIGGS  397 

RECEIPTS.  PAYMENTS. 

Amount  disbursed  up  to  Septem- 
ber 2d,  1850 $  11,586.74 

Amount  received  up  to  November 

4th,  1850 $  429.75 

Amount  disbursed  up  to  Novem- 
ber llth,  1850 599,94 


Total  amount  of  receipts  and  dis- 
bursements to  November  4th, 
1850 $90,444.33  $90,442.94 

Balance  in  the  Treasury 1.39 

By  the  Auditor's  Report  of  December  4th,  1848,  it  will 
be  seen  that  the  liabilities  of  the  State  on  outstanding  war- 
rants, at  that  time  amounted  to  $22,651.62.  From  that 
period  up  to  November  30th,  1850,  the  receipts  of  the 
treasury  were  $90,444.12,  and  the  expenditures  $90,442.94. 
This  latter  sum  embraces  the  interest  paid  on  the  State  loan, 
and  $11,685.75  of  the  liabilities  on  the  4th  of  December, 
1848;  thus  decreasing  our  liabilities  on  outstanding  war- 
rants, on  the  30th  of  November,  1850,  to  $10,965.87.  The 
resources  to  discharge  these  liabilities,  and  to  meet  the  ex- 
penses of  the  coming  year,  are  $24,154.83,  due  from  the 
counties,  prior  to  the  year  1850,  and  the  revenue  assessed  in 
1850,  amounting  to  $56,538.33.  The  revenue  for  State 
purposes  in  1848,  amounted  to  $36,129.05,  consequently, 
the  assessment  of  1850,  shows  an  increase  of  the  revenue 
from  taxable  property  within  the  State,  of  $20,409.28. 
Should  the  revenue  continue  to  increase  in  the  same  propor- 
tion, we  may  reasonably  expect  that  our  State  will,  in  a  few 


3J)8  MESSAGES   AND   PROCLAMATIONS   OF 

years,  be  freed  from  all  incumbrances.  For  further  informa- 
tion in  regard  to  our  financial  condition,  I  respectfully  refer 
you  to  the  Auditor's  Report. 

By  an  act  approved  Jan.  16th  1847,  I  was  authorized  to 
agree  with  the  State  of  Missouri,  for  the  commencement  and 
termination  of  such  suit  as  might  be  necessary  to  procure  a 
final  decision  by  the  Supreme  Court  of  the  United  States,  in 
regard  to  the  southern  boundary  line  of  the  State;  and  I  was 
also  required  to  employ  counsel  to  conduct  the  suit  on  our 
part,  and  to  do  whatever  might  be  necessary  to  maintain 
our  rights  in  the  premises.  In  pursuance  of  the  authority 
thus  granted,  I  did,  in  the  following  February,  appoint  the 
lion.  Charles  Mason  of  Burlington,  to  act  as  counsel  on 
behalf  of  the  State;  and  I  also  immediately  afterwards  noti- 
fied the  Governor  of  Missouri  of  the  passage  of  the  above 
mentioned  act,  and  of  the  appointment  of  Mr.  Mason.  On 
the  2nd  Monday  in  June,  1847,  the  counsel  on  both  sides 
met  and  agreed  to  institute  an  amicable  suit.  The  cause 
came  on  for  argument  before  the  Supreme  Court  in  Feb- 
ruary, 1849.  It  appears  from  the  fact  set  forth  in  the 
decree  of  the  Court,  that  in  1816,  the  United  States  caused 
to  be  run  and  marked  two  lines  as  part  of  a  boundary 
between  the  United  States  and  the  Great  and  Little  Osage 
Nations  of  Indians;  the  first  line  beginning  on  the  eastern 
bank  of  the  Missouri  river,  opposite  the  middle  of  the 
mouth  of  the  Kansas  river,  and  extending  north  one .  hun- 
dred miles,  where  a  corner  was  made  by  Mr.  Sullivan,  the 
surveyor  acting  on  behalf  of  the  United  States,  and  the 
Osage  Nations,  that  from  that  corner  a  second  line  was  then 
run  and  marked  by  the  Surveyor,  which  was  intended  to  be 


GOVERNOR   ANSEL   BRIGGS  399 

run  due  east,  on  a  parallel  of  latitude,  but  which,  by  mis- 
take, varied  about  two  and  one-half  degrees  towards  the 
north  of  a  due  east  and  west  line;  that  that  portion  of  ter- 
ritory west  of  Sullivan's  first  line,  and  between  the.  same 
and  the  Missouri  river,  was  added  to  Missouri  by  an  act  of 
Congress  of  June  7th,  1836;  and  the  court  accordingly 
decreed  that  "the  true  and  proper  northern  boundary  line 
of  the  State  of  Missouri,  and  the  true  southern  boundary  of 
the  State  of  Iowa,  is  the  line  run  and  marked  in  1816,  by 
John  C.  Sullivan,  as  the  Indian  boundary,  from  the  north- 
west corner  made  by  Sullivan,  extending  eastwardly,  as  he 
run  and  marked  the  said  line,  to  the  middle  of  the  Des 
Moines  river,  and  that  a  line  run  due  west,  from  said  north- 
west corner  to  the  middle  of  the  Missouri  river,  is  the 
proper  dividing  line  between  said  State  west  of  the  aforesaid 
corner;  and  that  the  States  of  Missouri  and  Iowa  are  bound 
to  conform  their  jurisdiction  up  to  said  line  on  their  re- 
spective sides  thereof,  from  the  river  Des  Moines  to  the 
river  Missouri." 

Our  State  now  embraces  the  territory  lying  between  the 
line  run  by  Missouri  in  1837,  as  her  northern  boundary 
line,  from  the  river  Des  Moines  due  west  to  the  Missouri 
river,  and  the  line  established  by  the  decree.  Every  citizen 
of  the  State  must  feel  gratified  that  the  vexatious  question 
concerning  our  southern  boundary,  is  at  length  settled. 
The  condition  and  wants  of  the  territory  acquired  will,  I 
trust,  receive  your  early  and  earnest  attention. 

Joseph  C.  Brown  of  the  State  of  Missouri,  and  Henry  B. 
Hendershott  of  the  State  of  Iowa,  were  appointed  Com- 
missioners by  the  United  States  Supreme  Court,  to  survey 


400  MESSAGES   AND    PROCLAMATIONS   OF 

and  mark  the  line  fixed  by  the  decree,  and  make  returns  to 
the  Court  on  or  before  the  first  day  of  January,  1850.  Mr. 
Brown  having  died  previous  to  executing  his  duties,  Robert 
W.  Wells,  of  Missouri,  was  appointed  in  his  place.  The 
Commissioners  were  further  ordered  by  the  Court,  to  cor- 
respond with  the  Chief  Magistrate  of  Missouri  and  Iowa, 
and  request  the  cooperation  and  assistance  of  the  State 
authorities,  in  the  performance  of  their  duties. 

In  a  communication  received  by  me  from  Mr.  Hender- 
shott,  under  date  of  May  57th,  1848,  [May  27,  1849]  he 
suggested  the  propriety  of  the  authorities  of  Iowa  and  Mis- 
souri immediately  making  some  arrangements  by  which  the 
Commissioners  would  be  furnished  funds  to  enable  them 
speedily  to  prosecute  their  duties.  The  suggestion  appeared 
to  me  both  reasonable  and  proper;  and  as  the  legislature 
had  made  no  provision  for  such  services — as  the  Commis- 
sioners had  been  ordered  by  the  Court  to  request  the  aid  of 
the  State  authorities — and  as  it  was  of  the  highest  impor- 
tance that  the  boundary  line  should  be  marked  as  speedily 
as  possible,  I  conceived  it  my  duty  to  furnish  Mr.  Hender- 
shott  with  a  portion  of  the  means  necessary  to  prosecute  the 
duties  assigned  the  Commissioners. 

Being  unable  to  obtain  the  funds  in  any  other  quarter,  I 
was  compelled,  though  with  great  reluctance,  to  solicit  from 
the  Superintendent  of  Public  Instruction,  a  loan  from  the 
School  Fund,  which  I  obtained  to  the  amount  of  $2,000, 
and  gave  my  individual  promissory  note,  (secured  by  bond,) 
for  its  repayment — which  note  bears  interest  according  to 
the  law  in  regard  to  the  loaning  of  the  School  Fund,  and  is 
due  and  payable  on  the  15th  of  September,  1849 — and 


GOVERNOR  ANSEL   BRIGGS  401 

placed  the  money  in  the  treasury,  subject  to  the  order  of 
Mr.  Hendershott. 

Should  you  coincide  in  the  opinion  that  the  pressing 
emergency  justified  the  course  pursued  by  me,  I  would 
recommend  that  an  appropriation  be  made  to  replace,  as 
speedily  as  possible,  the  money  thus  withdrawn  from  the 
School  Fund. 

In  a  communication  from  Mr.  Hendershott,  under  date  of 
October  23d,  1850,  I  have  been  informed  that  the  Commis- 
sioners completed  their  work  on  the  18th  day  of  September 
last,  and  that  a  return  of  the  survey  was  filed  by  him  in  the 
office  of  the  Secretary  of  State,  on  the  17th  day  of  October 
following.  Mr.  Hendershott  further  informs  me  that  "the 
amount  of  money  expended  by  Iowa  is  $2,180.33,  and  the 
amount  expended  by  Missouri  is  $2,099.86  cents.  These 
sums,  ($4,280.19,)  include  every  expense  incurred,  except 
for  instruments,  ( which  are  yet  on  hand )  and  such  compen- 
sation as  may  be  made  to  the  Commissioners,  and  such  fur- 
ther compensation  over  and  above  $3.00  per  day,  as  shall 
be  allowed  the  Surveyors,  whose  duties  were  arduous,  and 
faithfully  discharged.  This  matter  should  also  receive  your 
attention. 

The  communications  of  Mr.  Hendershott,  one  bearing 
date  May  27th,  1849,  and  the  other  October  23d,  1850,  are 
herewith  submitted. 

Great  credit  is  due  Mr.  Mason  for  the  zeal,  industry  and 
ability  shown  by  him  in  the  management  of  the  suit  on  the 
part  of  the  State.  He  thought  proper  to  secure  the  services 
of  a  distinguished  lawyer  of  another  State,  as  assisting 
counsel,  informing  him  at  the  same  time,  that  he  had  no 


402  MESSAGES   AND    PROCLAMATIONS    OF 

authority  to  employ  additional  counsel,  but  that  if  he  would 
undertake  the  case,  the  Legislature  would,  no  doubt,  grant 
him  a  reasonable  compensation.  From  the  magnitude  of 
the  case,  and  the  great  interests  involved,  this  step  on  the 
part  of  Mr.  Mason  was,  most  unquestionably,  dictated  by 
prudence  and  sound  policy.  It  would  therefore  be  proper 
that  such  an  appropriation  be  made,  as  in  your  judgment 
will  be  a  reasonable  and  adequate  compensation  for  the  ser- 
vices thus  rendered. 

The  act  for  the  settlement  of  the  boundary  line,  appro- 
priates $1,000  to  carry  the  same  into  effect.  That  amount 
has  been  drawn  from  the  treasury  by  Mr.  Mason.  By  ref- 
erence to  his  report — which  is  herewith  submitted — it  will 
be  seen  that  his  expenses  in  travelling  to  different  points  to 
take  depositions,  collect  testimony,  etc.,  and  his  expenses 
at  Washington,  amount  to  $980.00,  which  nearly  covers 
the  sum  appropriated,  and  leaves  him  a  mere  pittance  for 
his  time  and  labor — justice  would  seem  to  demand  that  an 
additional  appropriation  should  be  made  in  his  favor. 

It  is  to  be  hoped  that  a  very  considerable  portion  of  your 
time  and  attention  will  be  expended  in  efforts  to  perfect  our 
system  of  Common  School  education.  The  law  passed  at 
the  last  session  of  the  Legislature,  cured  many  of  the  defects 
existing  in  the  previous  law;  but  there  are  deficiencies  in 
the  present  law  which  demand  your  action.  It  is  expected 
that  the  Commissioners  appointed  to  revise  the  code,  will 
examine  the  School  Law,  and  either  present  a  new  one,  or 
prune  away  the  excresences,  and  supply  the  wants  of  the 
one  now  on  the  statute  book.  The  report  of  the  Superin- 
tendent of  Public  Instruction,  together  with  the  report  of 


GOVERNOR   ANSEL   BRIGGS  403 

the  Commissioners  will,  doubtless,  materially  aid  you  in 
determining  what  measures  are  necessary  to  advance  the 
interests  of  Common  Schools. 

The  Superintendent  of  Public  Instruction,  in  his  last 
report  to  the  Legislature,  takes  the  ground  that  some  plan 
ought  to  be  adopted  whereby  the  expenses  attending  the 
management  of  the  School  Fund  may  be  decreased.  To 
remedy  the  evil,  he  recommends  that  the  law  providing  for 
county  Fund  Commissioners  be  abolished,  and  the  office  of 
State  School  Fund  Commissioners  created.  The  labors  of 
the  county  Fund  Commissioners  are  arduous  and  compli- 
cated, and  it  may  be  questionable  whether  a  State  Fund 
Commissioner  could  properly  attend  to  them.  The  Super- 
intendent may,  possibly,  submit  a  different  plan  in  his 
forthcoming  report  to  you.  Any  scheme  which  you  may 
adopt,  whereby  the  objection  may  be  wholly,  or  in  part 
removed,  would  certainly  be  desirable. 

The  Constitution  provides,  in  the  second  section  of  the 
tenth  article  that  "the  General  Assembly  shall  encourage, 
by  all  suitable  means,  the  promotion  of  intellectual,  scien- 
tific, moral  and  agricultural  improvements. "  No  steps  have 
been  taken  by  the  Legislature,  since  the  adoption  of  the 
Constitution,  for  the  advancement  of  agriculture.  This 
portion  of  the  Constitution  is  as  obligatory  and  binding  as 
any  other.  It  was  probably  inserted  for  the  reason  that 
our  State  has  every  facility  for  becoming,  in  an  eminent 
degree,  an  agricultural  State.  The  best  method  of  cultivat- 
ing the  soil  is,  and  it  is  believed  ever  will  be,  a  subject  of 
the  first  importance  to  a  large  majority  of  the  citizens  of  the 
State.  The  greater  portion  of  those  who  attend  our  Com- 


404  MESSAGES  AND   PROCLAMATIONS   OF 

mon  Schools  will  become  agriculturalists,  when  the  term  of 
their  education  expires;  and  consequently,  any  knowledge 
which  they  may  obtain,  touching  ithat  branch  of  industry, 
will  be  to  them  of  the  most  essential  service.  It  would 
therefore  seem  to  become  your  duty  to  enquire  whether 
books  relative  to  agricultural  science,  can,  with  propriety, 
be  introduced  into  our  Normal  and  Common  Schools.  I 
feel  confident  that,  if  introduced,  the  most  beneficial  results 
may  be  anticipated. 

The  formation  of  agricultural  societies  should  also  be 
encouraged;  and  I  trust  that  any  facilities  which  you  can 
supply,  for  the  promotion  of  such  societies,  will  be  cheer- 
fully granted. 

A  law  was  passed  at  the  last  session  for  dividing  the  State 
into  three  districts,  and  for  the  establishment  of  a  Normal 
School  in  each  district,  for  the  education  of  school  teachers 
and  others.  The  State  has  been  thus  divided,  and  a  board 
of  trustees  appointed  for  each  district,  as  required  by  the 
act.  The  law  further  provides  that  the  Schools  shall  be 
established,  at  Andrew,  Oskaloosa  and  Mount  Pleasant. 
The  school  at  Andrew  commenced  on  the  21st  of  Novem- 
ber, 1849.  It  is  now  under  the  Superintendence  of  teachers 
who  are  graduates  of  the  New  York  State  Normal  School — 
a  respectable  number  of  pupils  attend  the  institution,  and 
its  prospects  are  flattering.  The  trustees  are  erecting  a 
building  for  the  use  of  the  school,  at  an  estimated  cost  of 
$2,500  about  $1,000  of  which  has  been  already  expended. 
A  very  commendable  zeal  is  manifested  in  that  quarter  for 
the  support  of  the  school.  It  is  understood  a  similar  feeling 
exists  in  each  of  the  other  districts,  although  I  am  not  able 


GOVERNOR   ANSEL   BRIGGS  405 

to  state  the  progress  of  those  schools.  That  information 
you  will  probably  obtain  from  the  Report  of  the  Super- 
intendent of  Public  Instruction. 

Wherever  the  Normal  system  has  been  in  operation,  in 
other  States,  the  most  fortunate  results  have  been  experi- 
enced. By  the  annual  report  of  the  executive  committee  of 
the  State  Normal  School  of  the  State  of  New  York,  made 
to  the  Legislature  of  that  State,  on  the  llth  of  February, 
1850,  it  appears  that  the  first  term  of  that  school  began  on 
the  18th  of  December,  1844.  From  that  period  up  to  the 
time  the  report  was  made,  four  hundred  and  twenty-eight 
pupils  had  graduated,  and  a  large  proportion  of  them  had 
accepted  situations  in  Common  Schools;  and,  with  few 
exceptions,  had  acquitted  themselves  in  such  a  manner  as  to 
do  honor  to  the  school.  The  committee  are  of  the  opinion 
that  these  teachers  have  caused  great  improvement  in  the 
schools  where  they  have  taught,  and  that  they  have  been 
highly  instrumental  in  advancing  the  cause  of  Common 
School  education. 

Permit  me  to  express  the  hope  that  the  Normal  Schools 
established  in  our  State,  will  receive  the  fostering  care  of 
the  Legislature.  If  there  exists  any  opposition  to  them,  it 
would  seem  to  spring  from  a  misapprehension  of  their 
objects.  It  is  understood  that  there  are  two  features  char- 
acterising them  which  are  not  found  in  other  schools  or 
academies:  First,  the  State  pupil  is  required  to  devote  his 
attention  exclusively  to  obtaining  an  education,  and  to  such 
studies  as  will  qualify  him  to  perform,  in  a  superior  manner, 
the  duties  of  a  Common  School  teacher;  and,  secondly,  he 
is  required  to  learn  the  best  mode  of  communicating  to 


406  MESSAGES   AND   PROCLAMATIONS   OF 

others  the  knowledge  which  he  has  obtained.  As  experience 
teaches  that  these  schools  are  productive  of  much  good,  any 
measures  adopted  by  you  which  will  conduce  to  their  per- 
manent prosperity,  will,  I  feel  assured,  meet  with  the  hearty 
approbation  of  the  f  riends  of  education  throughout  the  State. 

Hon.  Josiah  H.  Bonney  was  appointed  by  me  to  procure 
a  suitable  block  of  marble,  to  be  furnished  by  the  State  of 
Iowa,  for  the  Washington  Monument.  He  has  discharged 
the  duty  assigned  him,  as  will  be  seen  by  his  letter  to  me  of 
November  30th,  1850,  which  is  herewith  submitted. 

The  Commissioners  to  revise  the  Code,  have  informed  me 
that  their  labors  are  nearly  completed.  A  portion  of  their 
report  is  herewith  submitted.1 

The  Board  of  Public  Works  have  not  made  their  report 
to  me,  as  required  by  the  statute.  Some  justifiable  cause 
has,  undoubtedly,  produced  the  delay. 

The  first  section  of  the  seventh  article  of  the  Constitution, 
provides  that  the  militia  of  this  State  shall  be  composed  of 
all  able  bodied  white  male  citizens,  between  the  ages  of 
eighteen  and  forty -five  years;  except  such  as  are  or  may  here- 
after be  exempt  by  the  laws  of  the  United  States,  and  shall 
be  armed,  equipped  and  trained  as  the  General  Assembly 
may  provide  by  law. 

In  my  last  Message  I  presented  the  number  of  all  able- 
bodied  white  male  citizens,  between  the  ages  of  eighteen 
and  forty -five  years,  subject  to  military  duty,  in  each  of  the 
counties  which  had  been  reported  to  me,  in  accordance  with 
an  act  entitled  "an  act  requiring  the  assessors  to  take  lists 
of  persons  subject  to  military  duty,  approved  Jan.  25,  1848, 

1  See  note  below,  p.  411. 


GOVERNOR   ANSEL   BRIGGS  407 

and  urged  an  organization  of  the  militia  as  speedily  as  prac- 
ticable. No  steps,  however,  were  taken  by  the  last  Gen- 
eral Assembly  to  effect  that  object.  The  3d  section  of  the 
above  mentioned  article  of  the  Constitution  provides  that 
"all  commissioned  officers  of  the  militia  (staff  officers  ex- 
cepted)  shall  be  elected  by  the  persons  liable  to  perform 
military  duty,  and  shall  be  commissioned  by  the  Governor." 
The  militia  law  is  at  present  a  dead  letter  upon  the  statute 
book.  Some  measures  should  be  taken  to  arrange  the  militia 
into  divisions,  brigades,  regiments,  <fec. ;  to  provide  for  the 
election  of  officers  in  accordance  with  the  Constitution;  and  to 
provide  further  for  such  an  enrollment  as  will  enable  the  State 
to  draw  her  quota  of  arms  from  the  General  Government. 

At  the  last  session  of  the  Legislature,  joint  resolutions 
were  passed  instructing  our  Senators  and  requesting  our 
Representatives  in  Congress  to  procure  from  the  Govern- 
ment of  the  United  States  grants  of  land  to  aid  in  the  con- 
struction of  a  Rail  Road  from  Dubuque  to  Keokuk,  and 
also  one  from  Davenport  to  some  suitable  point  near  the 
Council  Bluffs,  on  the  Missouri  river.  Our  delegation  in 
Congress  have  labored  faithfully  to  obtain  these  grants,  but 
their  efforts  have,  as  yet,  been  unsuccessful.  The  attention 
of  that  body  has,  in  a  great  measure,  during  the  last  session, 
been  directed  towards  the  adjustment  of  difficulties  which 
threatened  to  disturb  the  harmony  of  our  Union.  I  con- 
ceive it  the  duty  of  the  Legislature  to  press  upon  Congress 
the  necessity  and  importance  of  these  works.  Further  ap- 
plications, seconded  by  the  exertions  of  our  Senators  and 
Representatives  may,  and  undoubtedly  will,  secure  the 
desired  donations. 


408  MESSAGES   AND   PROCLAMATIONS   OF 

The  Legislature  appropriated  the  sum  of  three  thousand 
dollars  towards  the  completion  of  the  public  buildings  in 
this  City.  The  money  to  be  expended  under  the  superin- 
tendence of  lion.  Joseph  T.  Fales.  Most  of  the  improve- 
ments specified  in  the  act  have  been  made,  and  they  add 
much  to  the  appearance  and  convenience  of  the  buildings. 
A  further  appropriation  will  be  needed  to  finish  the  work 
according  to  the  original  plan. 

By  an  act  entitled  "an  act  relative  to  the  Penitentiary," 
approved  January  13,  1849,  Mr.  A.  H.  Haskell  was  ap- 
pointed Superintendent  of  that  institution,  and  entered  upon 
the  discharge  of  the  duties  of  his  office  on  the  16th  day  of 
March  following.  His  report  of  April  23d,  1849,  exhibits 
an  inventory  of  the  property  pertaining  to  the  prison, 
amounting  in  value  to  the  sum  of  $825.60.  The  act  appro- 
priates $6,000  for  repairs  upon  the  building,  which  sum  has 
been  drawn  by  Mr.  Haskell,  and  expended,  as  will  appear 
from  his  report  of  November  28th,  1849.  In  April  last,  I 
received  information  of  his  death,  and  by  virtue  of  the 
authority  granted  me  by  the  16th  section  of  the  act,  I 
appointed  Mr.  John  Scott,  of  Lee  county,  to  fill  the  va- 
cancy. For  information  concerning  the  condition  of  the 
Prison,  at  the  time  Mr.  Haskell  became  Superintendent,  and 
the  progress  which  has  been  made  in  repairing  the  same,  I 
respectfully  refer  you  to  his  reports,  and  to  those  of  Mr. 
Scott,  which  are  herewith  submitted. 

The  Supreme  Court  has  appointed  Hon.  George  Greene, 
one  of  their  number,  to  prepare  and  report  the  decisions  of 
that  tribunal.  The  first  volume  of  his  reports  has  already 
been  published.  The  manner  in  which  this  work  has  been 


GOVERNOR  ANSEL   BRIGGS  409 

executed,  is  highly  creditable  to  Mr.  Greene,  and  will  favor- 
ably compare  with  the  law  reports  of  our  sister  states.  I 
have  subscribed,  on  behalf  of  the  State,  for  fifty  copies  of 
his  first  volume,  which  were  deposited  in  the  Secretary's 
ofiice.  A  large  portion  of  them  have  however  been  sub- 
sequently exchanged  for  the  reports  of  the  several  states 
and  territories.  It  will  become  your  duty  to  make  an  ap- 
propriation to  meet  the  expense  incurred  on  behalf  of  the 
State. 

From  the  formation  of  the  Constitution  to  the  present 
time,  there  has  been  no  subject  which  has  so  seriously 
threatened  the  dissolution  of  the  Union,  as  that  of  Slavery. 
That  instrument  recognizes  the  system,  and  provides  for  the 
restoration  of  such  slaves  as  shall  escape  from  their  masters, 
and  find  refuge  in  other,  or  non-slaveholding  States.  This 
clause  was  inserted  as  a  compromise  measure,  to  conciliate 
and  harmonize  the  differences  of  opinion  existing  at  the  for- 
mation of  the  Constitution,  relative  to  this  subject,  and  to 
induce  the  southern  States  to  enter  into  the  federal  compact; 
consequently  its  letter  and  spirit  should  receive  a  steady  and 
unflinching  support  from  every  friend  of  the  Union.  Con- 
gress, at  its  last  session,  passed  an  act  by  which  that  clause 
of  the  Constitution  could  be  more  effectually  carried  out. 
One  great  object  leading  to  the  passage  of  the  law  was  to 
exhibit  to  the  slaveholding  States,  a  determination  on  the 
part  of  the  National  Legislature  to  protect  and  enforce  all 
of  the  rights  guaranteed  to  them  by  the  Constitution,  and 
thus  allay  any  apprehensions  which  they  might  experience 
concerning  the  security  of  those  rights.  Since  the  passage 
of  that  act,  a  disposition  has  been  manifested  in  some  of 


410  MESSAGES   AND   PROCLAMATIONS   OF 

the  northern  states  to  resist  its  provisions.  No  good  citizen 
of  Iowa  can,  for  a  moment,  sanction  or  countenance  such 
proceedings.  I  think  I  may  assert,  without  fear  of  contra- 
diction, that  the  people  of  this  State  are  a  law-abiding 
people.  One  of  the  prominent  reasons  urged  for  resisting 
the  law  is  that  it  violates  that  portion  of  the  Constitution 
of  the  United  States  which  provides  that  "the  privilege  of 
the  writ  of  Habeas  Corpus  shall  not  be  suspended,  unless 
when  in  cases  of  rebellion  or  invasion,  the  public  safety  may 
require  it."  It  may  be  well  for  every  citizen  to  remember, 
that  Congress  can  pass  no  law  prohibiting  the  issuing  of 
this  writ,  unless  the  contingencies  specified  should  occur. 
As  no  "rebellion  or  invasion"  exists  now,  and  did  not  exist 
at  the  time  of  the  passage  of  the  act,  the  writ  of  Habeas 
Corpus  is  in  no  manner  suspended  by  its  provisions. 

But  whatever  differences  of  opinion  may  be  entertained 
in  regard  to  this  law,  it  is  now  our  duty  to  support  it  so 
long  as  it  remains  the  law  of  the  land;  and  I  trust  that 
every  citizen  of  the  State  will,  although  he  may  be  opposed 
to  some  of  its  details,  as  an  American  citizen  and  a  lover  of 
the  Union,  stand  firmly  by  it. 

I  am  now  about  to  retire  from  the  office  of  Chief  Magis- 
trate of  this  State.  Four  years  ago  the  people  thought 
proper  to  elect  me  to  that  office,  and  I  assumed  its  duties 
and  responsibilities,  distrusting  at  the  same  time,  my  ability 
properly  to  discharge  those  duties.  We  were  then  entering 
upon  our  career  as  an  independent  State;  the  support  which 
we  had  heretofore  received  from  the  General  Government 
was  withdrawn,  the  machinery  of  our  State  government  was 
to  be  set  in  motion,  and  the  means  obtained  to  support  it. 


GOVERNOR   ANSEL   BRIGGS  411 

Relying  upon  the  assistance  of  the  General  Assembly,  and 
the  various  officers  of  the  State,  I  entered  upon  the  dis- 
charge of  my  duties.  You  are  familiar  with  the  course 
which  I  have  pursued.  Whether  it  has  been  calculated  or 
not  to  advance  the  interests  of  the  State,  you  and  the  people 
are  the  judges.  During  my  administration  I  may,  and  un- 
doubtedly have,  committed  errors;  but  if  such  be  the  case, 
I  shall  ever  be  supported  by  the  reflection  that  they  sprang 
from  no  vicious  or  wrong  motive.  The  courtesy  and  assist- 
ance extended  to  me  by  the  Legislature,  and  by  all  con- 
nected with  the  government,  will  ever  be  a  subject  of  grate- 
ful remembrance.  In  laying  down  the  reins  of  government, 
I  feel  an  additional  gratification  in  the  assurance  that  they 
are  to  be  transferred  to  more  able  and  competent  hands. 
Permit  me,  in  retiring,  to  express  the  fervent  desire  that 
this,  my  adopted  State,  may  ever  be  distinguished  for  virtue, 
intelligence,  and  prosperity,  and  may  she  ever  receive  the 
care  and  protection  of  that  Being  who  governs  the  Universe. 

ANSEL  BKIGGS. 
IOWA  CITY,  DECEMBER  3,  1850. 

[Accompanying  Governor  Briggs'  message  of  December  3,  1850, 
there  were  four  documents.  (1)  A  report  from  Charles  Mason  rela- 
tive to  the  Missouri  Boundary  Dispute  Case  in  the  Supreme  Court  of 
the  United  States.  (2)  A  communication  from  H.  B.  Hendershott 
relative  to  a  survey  of  the  boundary  between  Iowa  and  Missouri. 
(3)  A  communication  from  Josiah  H.  Bonney  relative  to  a  block  of 
marble  for  the  Washington  Monument.  (4)  A  brief  report  from 
W.  G.  Woodward,  Charles  Mason,  and  S.  Hempstead — Code  Com- 
missioners. See  Journal  of  the  House  of  Representatives  of  the  3d 
regular  session  of  the  General  Assembly,  pp.  19-26.] 


VETO  MESSAGE 

JANUARY  25,  1848 
From  the  Journal  of  the  House  of  Representatives,  p.  188 


EXECUTIVE  OFFICE,  IOWA  CITY,  January  25,  1848. 

The  Bill  entitled  "An  Act  for  the  relief  of  H.  H.  Hen- 
drix  and  Edward  Pedigo, "  being  of  such  a  character  as  to 
compel  me  to  withhold  my  approval,  I  herewith  return  the 
same  to  the  House  of  Representatives,  where  it  originated, 
with  these,  my  objections. 

It  appears  that  Hendrix  and  Pedigo,  at  the  September 
Term,  A.  D.  1846,  of  the  District  Court  of  Wapello  county, 
entered  into  recognizance  for  the  appearance  of  James  V. 
Potts,  to  answer  to  an  indictment  found  against  him  in  said 
Court.  Potts  failed  to  appear,  and  the  object  of  this  bill  is 
to  relieve  Hendrix  and  Pedigo  from  the  penalty  of  the 
recognizance. 

The  recognizance  was  entered  into  in  compliance  with  the 
laws  of  the  State,  in  such  case  made  and  provided.  Those 
laws  were  enacted  for  the  purpose  of  securing  the  appear- 
ance, before  the  proper  judicial  tribunal,  of  persons  charged 
with  indictable  offences.  Such  laws,  all  must  admit,  are 
salutary,  and,  indeed,  absolutely  necessary.  If  so,  and  if 
they  ought  to  operate  upon  one,  they  should  operate  upon 
all,  unless  special  reasons  are  assigned.  In  the  absence  of 
such  reasons,  in  my  judgment,  the  law  ought  to  be  allowed 
to  take  its  course.  Should  the  bill  pass  into  a  law,  I  fear 
it  would  establish  a  pernicious  precedent,  and  one  at  war 
with  sound  policy.  ANSEL  BRIGGS. 


SPECIAL  MESSAGES 


TO    THE  SENATE 

DECEMBER  10,   1846 
From  the  Journal  of  the  Senate,  Appendix,  p.  321 


To  the  Senate: 

IOWA  CITY,  December  10th,  1846. 

Gentlemen — In  compliance  with  a  resolution  of  the 
Senate  of  the  7th  inst. ,  requesting  to  be  furnished  with  such 
information  as  may  be  in  the  possession  of  the  Executive, 
in  relation  to  the  southern  boundary  of  this  State,  I  here- 
with transmit  a  communication  from  his  Excellency  James 
Clarke,  accompanied  by  communications  from  David  Rorer, 
Esq.  on  that  subject.  As  this  is  a  subject  of  great  impor- 
tance, and  as  the  establishment  of  the  true  boundary  line 
between  the  two  States  of  Iowa  and  Missouri  depends,  in  a 
great  measure,  upon  the  evidence  of  individuals,  who  may 
either  die  or  not  be  found  when  wanted,  it  is  very  desirable 
that  a  law  be  enacted,  as  speedily  as  possible,  by  which  an 
agreed  case  may  be  made  with  Missouri  for  the  adjustment 
of  the  whole  matter  by  the  Supreme  Court  of  the  United 
States.  I  therefore  recommend  your  early  action  upon  this 

subject. 

ANSEL  BRIGGS. 

[The  documents  accompanying  this  message  will  be  found  in  the 
Journal  of  the  Senate,  appendix,  pp.  322-326.] 


414  MESSAGES   AND    PROCLAMATIONS   OF 

TO    THE   SENATE  AND    HOUSE    OF   REPRESENTA- 
TIVES 

DKCEMBER  8,  1848 
From  the  Journal  of  the  House  of  Representatives,  p.  65 


Gentlemen  of  the  Senate  and  House  of  Representatives: 

The  act  entitled  "An  act  creating  a  Board  of  Public 
Works  and  providing  for  the  improvement  of  the  Des 
Moines  river, "  approved  February  24th,  1847,  requires  the 
Board  to  make  report  to  me,  on  or  before  the  first  day  of 
every  regular  session  of  the  Legislature.  That  report  has 
this  day  been  received,  and  I  herewith  transmit  it  to  you, 
togetherwith  the  report  of  the  Engineer  upon  the  Works.1 

ANSEL  BRIGGS. 
IOWA  CITY,  DECEMBER  8,  1848. 


TO    THE  HOUSE   OF  REPRESENTATIVES 

DECEMBER  12,  1848 
From  the  Journal  of  the  House  of  Representatives,  p.  179 


Gentlemen  of  tJie  House  of  Representatives: 

In  compliance  with  a  resolution  which  passed  the  House 
of  Representatives,  the  llth  inst.,  requesting  me  to  inform 
the  House  u  whether  the  Commissioners  appointed  to  revise 
the  laws  of  this  State,  are  now,  or  ever  have  been,  in  ses- 


1  This  report,  covering  27  pages,  appears  in  full  in  the  Journal 
of  the  House  of  Representatives  of  the  Second  Regular  Session  of 
the  General  Assembly,  p.  66. 


GOVERNOR   ANSEL   BRIGGS  415 

sion,  for  the  purpose  for  which  they  have  been  appointed; 
and  if  so,  whether  they  have  prepared,  examined  or  consid- 
ered any  one  bill  or  bills,  or  whether  they  have,  in  any 
manner,  performed  any  portion  of  the  duties  devolving 
upon  them  as  Commissioners  to  revise  and  report  a  code  of 
laws."  I  would  respectfully  state  that  all  the  information 
in  my  possession  relative  to  the  proceedings  of  the  Commis- 
sioners, I  have  obtained  from  their  report  to  me;  which  re- 
port I  have  transmitted  to  the  Legislature.  It  is,  therefore, 
impossible  for  me  to  give  any  further  answer  to  the  inter- 
rogatories contained  in  the  resolution. 

ANSEL  BEIGGS. 
IOWA  CITY,  DECEMBER  12,  1848. 


TO  THE  HOUSE   OF  REPRESENTATIVES 

DECEMBER  15,  1848 
From  the  Journal  of  the  House  of  ^Representatives,  p.  198 


Gentlemen  of  the  House  of  Representatives: 

In  compliance  with  a  resolution  which  passed  the  House 
of  Representatives,  on  the  13th  inst.,  requesting  me  to  in- 
form the  House  whether  I  have  received  any  report  "from 
the  Commissioners  appointed  to  locate  a  seat  of  government 
for  the  State  of  Iowa,  and  if  so,  to  send  a  copy  of  such 
report  to  the  House,  "  I  cheerfully  transmit  the  record  taken 
from  the  office  of  the  Secretary  of  State,  containing  the 
report  of  said  Commissioners  to  me,  the  number  of  lots  sold 


416  MESSAGES   AND   PROCLAMATIONS   OF 

by  said  Commissioners,  the  names  of  the  purchasers,  the 
amount  for  which  the  lots  sold,  together  with  a  plat  of  the 
survey  of  the  contemplated  seat  of  government.1 

ANSEL  BRIGGS. 

IOWA  CITY,  DECEMBER  15,  1848. 


1  The  report  of  the  Commissioners,  covering  12  pages,  appears 
in  full  in  the  Journal  of  the  House  of  Representatives  of  the  Second 
Regular  Session  of  the  General  Assembly,  p.  198. 


PROCLAMATIONS 


ON  THANKSGIVING 

NOVEMBER  1,  1847 
From  the  Iowa  City  Standard,  N.  S. ,  Vol.  II,  No.  14,  Nov.  %4,  1847 


In  conformity  with  an  established  custom  in  most  of  the 
States  of  our  highly  favored  Union,  and  likewise  having 
been  requested  so  to  do,  from  several  portions  of  our  fair 
State,  I  have  thought  proper  to  appoint  Thursday  the  25th 
day  of  November  inst.,  as  a  day  of  General  Thanksgiving 
and  Praise  to  Almighty  God,  in  the  State  of  Iowa,  and  I 
do  hereby  recommend  that  all  Christian  denominations  in 
the  State,  meet  together  at  their  usual  places  of  worship, 
and  return  thanks  to  the  Great  Disposer  of  events  for  the 
manifest  blessings  which  have  been  showered  upon  us  during 
the  last  year.  It  has  been  unusually  healthy.  The  gar- 
ners of  the  Husbandman  are  full  to  overflowing.  The  tide 
of  emigration  is  rolling  rapidly  into  Iowa,  and  above  all  the 
Christian  Religion  is  advancing  with  rapids  strides,  and 
although  our  country  is  engaged  in  war  with  a  semi-bar - 
barous  nation,  our  thanks  are  especially  due  for  the  num- 
erous and  important  victories  which  we  have  been  enabled 
to  gain  over  them  notwithstanding  the  numerical  inferiority 
of  our  forces.  For  all  and  every  blessing  it  is  the  bounden 
duty  of  an  enlightened  people  to  return  thanks  to  the  Great 
Creator.  No  nation  of  the  earth  has  been  so  highly  favored 


418  MESSAGES   AND   PROCLAMATIONS   OF 

as  ours,  and  no  State  in  our  Union  has  made  more  rapid 
strides  in  the  advancement  of  Education,  Commerce  and 
Agriculture  than  Iowa.  Then  let  us  all  assemble  on  the 
L'oth  inst.  and  not  only  return  thanks  for  the  blessings 
which  we  have,  but  humbly  and  with  faith  ask  for  a  con- 
tinuance of  the  same. 

In  testimony  whereof,  I  have  hereunto  subscribed 
my  name,  and  caused  the  Great  Seal  of  the  State 
(L.  S. )     to  be  affixed  at  Iowa  City,  this  first  day  of  Novem- 
ber, 1847. 

ANSEL  BRIGGS. 
By  the  Governor: 

ELISHA  CUTLER,  JR.,  Secretary  of  State. 


CALLING  A  SPECIAL   SESSION  OF  THE  GENERAL 

ASSEMBLY 

DECEMBER  3,  1847 
From  the  Iowa  City  Standard,  N.  S.,  Vol.  II,  No.  17,  Dec.  15, 1847 


To  tJie  Members  of  the  Seriate  and  House  of  Representatives 

of  the  State  of  Iowa: 

By  virtue  of  authority  vested  in  me  by  the  ninth  section 
of  the  fifth  article  of  the  Constitution  of  the  State  of  Iowa, 
and  believing  that  occasions  contemplated  by  said  section, 
have  arisen  which  render  it  incumbent  upon  me  to  exercise 
the  power  thus  granted,  I  have  therefore  thought  proper  to 
appoint,  and  do  hereby  designate  and  appoint,  MONDAY 
THE  THIRD  DAY  OF  JANUARY  NEXT,  as  the  day 


GOVERNOR   ANSEL   BRIGGS  419 

upon  which  you  will  convene  in  Special  Session  at  the  Cap- 
itol in  Iowa  City. 

In  Testimony  Whereof,  I  have  hereunto  subscribed  my 
name,  and  caused  the  Great  Seal  of  the  State  to  be 
affixed,  at  Iowa  City,  this  third  day  of  December, 
SEAL,  in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  forty-seven,  of  the  Independence  of  the  United 
States  the  seventy -second,  and  of  this  State  the 
second. 

ANSEL  BRIGGS. 
By  the  Governor: 

ELISHA  CUTLER,  JR.,  Secretary  of  State. 


BIOGRAPHICAL   SKETCH 

Stephen  Hempstead,  the  second  Governor  of  the  State 
of  Iowa,  was  born  October  1,  1812,  at  New  London,  Con- 
necticut. His  family  name,  being  one  of  the  oldest  in 
America,  first  appears  in  the  early  records  of  Connecticut 
in  the  year  1645.  In  1828  the  family  to  which  Stephen 
Hempstead  belonged  came  West  and  settled  on  a  farm  near 
Bellefontaine,  about  five  miles  north  of  St.  Louis. 

In  1830  Stephen  Hempstead  went  to  Galena,  Illinois, 
where  he  found  employment  as  clerk  in  a  store.  Later  he 
entered  a  company  of  artillery  which  was  engaged  in  the 
Black  Hawk  War.  After  the  close  of  the  war,  Mr.  Hemp- 
stead  went  to  college  at  Jacksonville,  Illinois.  In  1833  he 
left  college,  returned  to  St.  Louis,  studied  law  one  year, 
and  then  went  back  to  Galena,  Illinois.  Here  he  completed 
his  study  of  law  under  his  uncle,  Charles  S.  Hempstead, 
and  was  admitted  to  practice  in  the  courts.  In  1836  he 
removed  to  Dubuque  where,  it  is  said,  he  was  the  first 
attorney  to  enter  upon  the  practice  of  law. 

In  1838  Mr.  Hempstead  was  elected  a  member  of  the 
First  Legislative  Assembly  of  the  Territory  of  Iowa.  At 
the  second  session  of  the  Legislative  Assembly  he  served  as 
President  of  the  Council.  In  1845  he  was  again  elected  a 
member  of  the  Legislative  Assembly,  and  again  served  as 
President  of  the  Council.  In  1844  he  was  a  member  of  the 
first  Constitutional  Convention.  Later  he  served  as  one  of 


424  STEPHEN    IIEMPSTEAD 

the  committee  of  three  commissioners  who  drew  up  the 
compilation  known  as  Iowa  Code  of  1851. 

In  1850  he  was  elected  Governor  of  Iowa  on  the  Demo- 
cratic ticket.  After  serving  as  Governor  of  the  State  four 
years,  he  was  elected  to  the  office  of  County  Judge  of 
Dubuque  County.  Later  he  held  the  office  of  County  Audi- 
tor for  a  number  of  terms.  When  he  died  in  February, 
1883,  he  was  serving  as  a  Justice  of  the  Peace. 

Stephen  Hempstead  married  Lavinia  Moore  Lackland  in 
1837.  They  had  three  sons  and  three  daughters. 

BIBLIOGRAPHICAL  NOTE. —  The  most  complete  and  satisfactory 
biography  of  Stephen  Hempstead  is  found  in  the  Iowa  Histwical 
Record,  Vol.  I,  p.  3. 


INAUGURAL  ADDRESS 

DECEMBER  4,  1850 
From  the  Journal  of  the  House  of  Representatives,  p.  32 


Called  to  the  executive  chair  of  the  State  of  Iowa,  by  the 
free  suffrages  of  my  fellow  citizens,  a  frank  expression  of 
gratitude  is  due  to  them  for  the  distinguished  honor  which 
they  have  conferred  upon  me,  and  of  the  leading  principles 
which  will  govern  me  in  the  discharge  of  my  official  duties 
under  the  Constitution  and  laws,  with  the  assurance  on  my 
part,  that  those  duties  shall  be  discharged  to  the  best  of  my 
ability. 

Knowing  the  fallibility  of  human  nature,  let  me  claim 
that  indulgence  for  unintentional  errors  which  as  reasonable 
men  we  should  extend  toward  each  other.  Elected  by  one 
of  the  great  political  parties  of  this  State,  I  cannot  expect 
to  escape  censure  from  those  who  differ  from  me  in  political 
sentiment,  and  rejoice  that  we  live  under  a  government 
where  every  citizen  has  the  right  of  freely  discussing  the 
conduct  of  public  men,  and  public  measures.  From  this 
rule  I  claim  no  exemption,  and  ask  nothing  but  justice. 

The  principles  by  which  I  shall  be  governed  in  the  ad- 
ministration of  your  affairs,  are  distinctly  marked  out  in  the 
Constitution  of  this  State,  a  Constitution  which  in  my  judg- 
ment is  eminently  calculated  to  secure  to  us  the  enjoyment 
of  life,  liberty,  equality,  and  the  pursuit  of  happiness,  or  in 
other  words,  to  secure  the  great  objects  for  which  govern- 
ments should  be  established  among  men;  and  the  prosperity 


426  MESSAGES   AND   PROCLAMATIONS   OF 

of  the  State  from  its  organization  to  the  present  time,  is  a 
forcible  commentary  of  the  justice  and  wisdom  of  the  policy 
thus  adopted. 

By  the  restriction  of  State  debts,  the  prohibition  of  bank- 
ing and  of  special  acts  of  incorporation,  except  for  political 
or  municipal  purposes,  we  are  secured  from  many  evils 
which  exist  in  older  States,  where,  in  consequence  of  the 
establishment  and  continuance  of  those  institutions,  their 
governments  have  become  complicated,  oppressive,  and  sub- 
versive of  civil  liberty. 

With  no  banks  among  us  to  create  distress  or  panic  by 
their  failures,  contractions,  and  expansions,  with  but  few 
corporations  except  those  formed  under  general  laws,  our 
citizens  relying  on  their  own  industry  and  frugality,  are 
advancing  steadily  to  competence  and  wealth,  showing  to 
the  world  that  bank  indulgences,  paper  money,  and  special 
privileges,  are  unnecessary  to  secure  to  a  people  happiness 
and  prosperity. 

With  a  soil  of  great  richness  and  productiveness,  a  climate 
salubrious  and  invigorating,  and  citizens  possessing  enter- 
prise and  industry,  we  require  nothing  more  than  what  is 
secured  by  our  Constitution;  and  let  me  say,  if  we  desire  a 
continuance  of  that  prosperity,  the  stability  of  the  State  and 
the  happiness  of  our  citizens,  it  can  only  be  accomplished 
by  the  enactment  of  equal  and  expedient  laws,  and  not  by 
those  which  are  designed  to  build  up  and  enrich  a  few  at 
the  expense  of  the  many,  or  by  giving  one  class  of  citizens 
privileges  not  possessed  by  others.  The  leading  principles 
of  a  republican  government,  as  I  understand  them,  are  "a 
perfect  equality  of  political  rights,  a  strict  construction  of 


GOVERNOR   STEPHEN    HEMPSTEAD  427 

constitutions,  no  monopolies,  moderate  legislation,  a  revenue 
meeting  the  wants  of  the  people,  and  no  more;  strict  respon- 
sibility of  public  officers,  simplicity  of  the  laws,  and  the 
least  possible  restraint  upon  the  mind,  person,  energy  and 
industry  of  every  man,  consistent  with  the  rights  of  his 
fellow  men." 

The  best  form  of  government  that  can  be  devised,  is  an 
abridgment  of  the  natural  rights  of  the  citizen,  and  the  laws 
necessary  for  the  purposes  of  such  government  are  suf- 
ficiently complicated  and  burthensome  without  adding  to 
them  those  designed  to  regulate  the  conduct  of  persons 
upon  mere  questions  of  morality,  when  such  objects  can 
only  be  reached  by  the  force  of  public  opinion,  and  that 
alone;  yet  such  laws  are  not  unfrequently  placed  upon  the 
statute  books,  where  they  remain  without  being  enforced,  or 
if  exercised,  can  only  be  carried  into  effect  when  and  where 
a  temporary  excitement  prevails,  and  then  frequently  to 
gratify  malice  or  revenge.  If  such  laws  are  necessary,  they 
should  be  enforced  and  sustained;  if  they  cannot  be  enforced 
and  sustained,  they  are  unnecessary  and  should  not  be 
enacted. 

It  is  made  my  duty  by  the  Constitution,  to  see  that  the 
laws  are  faithfully  executed.  Experience  shows  us  that  in 
just  proportion  to  their  observance,  is  the  peace  and  pros- 
perity of  our  government.  This  extends  not  only  to  such 
laws  as  we  believe  to  be  right,  but  to  all  such  as  are  law- 
fully enacted,  until  they  are  repealed,  or  declared  unconsti- 
tutional by  the  judicial  tribunals.  While  we  have  the  bal- 
lot box  and  the  courts,  whatever  may  be  the  private  opinion 
of  any  citizen,  or  class  of  citizens,  upon  such  law,  obedience 


428  MESSAGES   AND    PROCLAMATIONS   OF 

to  its  requirements  is  an  unavoidable  duty.  So  far  as  any 
responsibility  may  rest  on  me,  or  power  be  entrusted,  I 
shall  neither  hesitate  to  assume  the  one,  or  exercise  the 
other,  if  necessary  to  ensure  their  prompt  observance;  and 
in  this  I  am  satisfied  that  I  would  have  the  countenance  and 
support  of  my  fellow  citizens.  My  hope  and  confidence 
however  is,  that  there  will  be  no  occasion  when  it  will  be- 
come necessary  to  assume  or  exercise  the  power  thus  given. 

I  cannot  doubt  that  a  prompt  obedience,  in  all  cases,  and 
a  fair  construction,  according  to  the  purpose  intended,  of 
every  law,  whether  state  or  national,  will  be  yielded  by 
every  good  citizen.  So  far  as  our  national  laws  are  con- 
cerned, we  are  bound  further  to  such  observance  by  a  solemn 
compact  with  the  other  States  of  this  Union,  and  no  citizen 
who  loves  that  Union  will  violate  its  laws,  or  permit  others 
to  do  so,  if  in  his  power  to  prevent  it.  It  is  that  Union 
which  gives  to  the  American  people  rank  and  power  among 
men  and  nations — it  is  that  Union  which  protects  our  com- 
merce, adjusts  the  difficulties  between  States,  and  defends 
us  from  the  aggressions  of  foreign  powers.  Without  union, 
our  independence  and  liberty  could  not  have  been  achieved; 
without  union,  and  the  observance  of  the  laws,  they  can 
never  be  maintained. 

Desirous  of  seeing  a  continuance  among  us  of  a  republican 
government,  in  fact  as  well  as  in  name,  I  have  thus  briefly 
given  my  views  as  to  the  policy  which  should  be  pursued  to 
secure  those  results,  having  no  other  object  than  to  advance 
our  best  interests,  maintain  the  honor  and  dignity  of  the 
State,  and  secure  to  every  citizen  the  enjoyment  of  civil 
liberty.  [STEPHEN  HEMPSTEAD.] 


FIRST   BIENNIAL  MESSAGE 

DECEMBER  7,  1852 
From  the  Journal  of  the  House  of  Representatives,  p.  8 


Gentlemen  of  the  Senate  and  House  of  Representatives: 

You  have  assembled  for  the  purpose  of  performing  one  of 
the  highest  and  most  important  functions,  of  a  republican 
government.  To  you  has  been  delegated  the  power,  under 
the  Constitution  of  the  State  of  Iowa,  to  enact  equal  and 
expedient  laws  for  the  government  of  the  Commonwealth, 
of  which  you  are  the  immediate  representatives;  and  upon 
the  faithful  and  proper  discharge  of  that  duty  must  depend 
to  a  great  extent,  the  prosperity  and  future  welfare  of  the 
people  whom  you  represent. 

You  have  assembled  under  happy  auspices — peace  reigns 
over  our  land — the  earth  has  yielded  its  bountiful  harvest 
to  reward  our  citizens  for  their  industry — general  health 
prevails,  and  prosperity  seems  to  smile  upon  all.  For  these 
manifestations  of  a  wise  Providence  we  should  be  grateful. 
Since  the  last  session  of  the  General  Assembly,  the 
people  of  this  State,  in  common  with  all  the  States  of  the 
Union,  have  been  called  upon  to  mourn  the  loss  of  some  of 
our  most  eminent  statesmen — men  who  for  almost  half  a 
century,  by  their  greatness  of  intellect  and  eloquence,  have 
stood  the  first  in  our  national  councils;  men  whose  history 
whatever  errors  in  judgment  they  may  have  committed,  will 
rank  among  the  first  of  the  age  in  which  they  lived.  I 


4:50  MESSAGES   AND    PROCLAMATIONS   OF 

allude  to  John  C.  Calhoun,  Levi  Woodbury,  Henry  Clay 
and  Daniel  Webster. 

But  six  years  have  elapsed  since  the  organization  of  the 
state  government  of  Iowa.  At  that  time  as  near  as  can  be 
estimated,  the  number  of  inhabitants  amounted  to  seventy- 
eight  thousand  nine  hundred  and  eighty-eight.  By  the 
census  taken  by  the  United  States  in  eighteen  hundred  and 
iifty,  we  find  a  population  of  one  hundred  and  ninety-two 
thousand  two'jhundred  and  fourteen.  And  by  the  returns 
of  the  State  census  for  the  present  year,  an  increase  of 
thirty-seven  thousand  seven  hundred  and  eighty-six.  Tak- 
ing into  consideration  the  emigration  to  Oregon  and  Cali- 
fornia, I  may  well  say  that  the  increase  has  been  commen- 
surate with  the  most  sanguine  expectations. 

In  the  State  of  Wisconsin,  laws  have  been  passed  author- 
izing the  appointment  of  a  commissioner  of  emigration,  to 
reside  in  the  "'city  of  New  York,  whose  duty  it  is  to  give 
emigrants  the  necessary  information  as  to  the  soil,  climate, 
and  the  branches  of  business  to  be  pursued  with  advantage, 
and  to  protect  as  far  as  practicable,  such  persons  against 
the  impositions  often  practiced  upon  them.  I  submit  to 
your  consideration  whether  the  appointment  of  such  an 
officer,  under  proper  regulations,  would  not  be  highly  bene- 
ficial to  this  State,  and  to  those  who  might  be  disposed  to 
become  citizens  among  us. 

In  a  State  in  the  condition  of  ours,  no  subject  can  claim 
a  more  pressing  interest  than  that  of  public  instruction.  In 
older  communities,  under  our  government  of  popular  opinion, 
it  justly  takes  the  first  rank,  but  here,  recently  embarked 
upon  the  experiment  [of  a  state  government,  with  a  popula- 


'  GOVERNOR   STEPHEN    HEMPSTEAD  431 

tion  rapidly  increasing  by  emigration,  scattered  over  a  great 
extent  of  country,  and  many  of  them  destitute  of  the  ordin- 
ary means  of  civil  instruction,  no  object  can  appeal  in 
stronger  terms  to  your  fostering  care.  In  view  of  the  great 
importance  of  this  subject,  I  would  respectfully  suggest  the 
propriety  of  a  careful  revision  of  the  laws  which,  have  been 
heretofore  enacted  realtive  to  the  establishment  of  common 
schools  and  the  State  University,  to  secure  simplicity  and 
economy  in  this  department  of  our  government.  And  you 
will  undoubtedly  be  aided  in  your  deliberations  by  the  re- 
port of  the  Superintendent  of  Public  Instruction,  which  will 
be  laid  before  you.  The  first  great  object  should  be  to 
place  within  the  reach  of  every  child  in  the  state,  the  oppor- 
tunity of  acquiring  those  indispensable  elements  of  educa- 
tion, which  shall  fit  him  for  the  enlightened  discharge  of 
civil  and  social  duties  to  which  he  may  be  called. 

I  need  not  remind  you  that  our  Constitution  requires  the 
General  Assembly  to  encourage,  by  all  suitable  means,  the 
promotion  of  intellectual,  scientific,  moral  and  agricultural 
improvement. 

Our  financial  condition  is  at  all  times  a  subject  of  the 
deepest  interest,  not  only  to  the  people  themselves,  but  to 
their  Representatives,  as  it  is  to  their  action  that  the  people 
must  look  for  the  security  of  their  credit,  the  preservation 
of  their  faith,  and  the  exemption  from  unnecessary  burthens. 
By  the  report  of  the  Treasurer  of  State  herewith  submitted 
it  will  be  seen  that  there  has  been  received  into  the  treasury, 
from  the  second  day  of  December,  1850,  to  the  thirty-first 
day  of  October,  1852,  the  sum  of  one  hundred  and  thirty- 
nine  thousand  six  hundred  and  eighty-one  dollars,  and 


4-3-2  MESSAGES   AND    PROCLAMATIONS   OF 

sixty-nine  cents.  Balance  received  from  former  Treasurer 
one  dollar  and  thirty-nine  cents,  making  an  aggregate  of 
one  hundred  and  thirty- nine  thousand  six  hundred  and 
eighty-one  dollars  and  eight  cents.  The  disbursements  for 
the  same  period  are  one  hundred  and  thirty -one  thousand 
six  hundred  and  thirty -one  dollars  and  forty-nine  cents, 
leaving  a  balance  in  the  treasury,  at  the  latter  date,  of  eight 
thousand  and  fifty-one  dollars,  and  fifty-nine  cents. 

By  the  report  of  the  Auditor  of  State,  which  will  be  laid 
before  you, l  the  funded  debt  of  the  State  amounts  to  eighty- 
one  thousand  seven  hundred  and  ninety-five  dollars,  seventy- 
five  cents,  of  which  amount,  twenty-six  thousand  seven 
hundred  and  ninety-five  dollars,  seventy-five  cents,  are  pay- 
able at  the  option  of  the  State.  The  estimated  expenditures 
for  the  two  years  to  come,  amount  to  $103,918.90.  The 
estimated  resources  for  the  same  period,  with  the  balance  in 
the  Treasury,  amount  to  $149,119.47,  an  amount  which, 
after  deducting  ten  per  cent,  for  delinquencies  and  assess- 
ments, as  unavailable,  will  leave  a  balance  of  receipts  over 
expenditures,  fully  sufficient  to  extinguish  all  that  part  of 
the  funded  debt  of  the  State,  which  is  payable  at  its  option, 
and  I  would  recommend  that  provision  be  made  to  pay  the 
same  as  rapidly  as  any  surplus  means  may  come  into  the 
Treasury. 

I  conceive  it  to  be  my  duty  to  direct  your  attention  to  the 
propriety  of  establishing  the  office  of  Attorney  General,  as 
such  an  office  is  becoming  absolutely  necessary  to  protect 
the  interest  of  the  State  in  the  collection  of  its  revenue,  and 


1  This  report  will  be  found  in  the  Journal  of  the  Senate  of  the  4th 
General  Assembly,  Regular  Session,  Appendix,  p.  1. 


GOVERNOR   STEPHEN   HEMPSTEAD  433 

in  the  prosecution  and  defence  of  suits  in  which  it  is  imme- 
diately interested.  The  sums  which  have  been  paid  for 
such  services,  added  to  the  losses  which  have  been  sustained 
from  the  want  of  legal  skill  in  cases  where  the  State  has 
been  a  party,  would,  in  all  probability,  have  much  more 
than  paid  the  salary  of  such  an  officer.  His  services  would 
also  be  valuable  to  the  various  executive  officers.  Such  an 
appointment  would  be  justified  on  the  ground  of  economy 
as  well  as  of  necessity. 

At  the  last  session  of  the  General  Assembly,  a  proposi- 
tion was  made  to  establish  a  State  Land  Office  for  the 
supervision  and  sale  of  lands  which  have  been,  or  might  be, 
granted  to  the  State.  Although  this  proposition  was  not 
then  favorably  considered,  yet  it  is  manifest  to  my  mind 
that  such  an  office  ought  to  be  established,  under  regulations 
that  will  prevent  inconvenience  in  the  sale  of  lands,  and  at 
the  same  time  secure  unquestionable  title  to  the  purchaser. 
Without  such  an  office,  I  am  unable  to  see  how  the  swamp 
and  other  lands  of  the  State,  can  be  prudently  and  properly 
managed,  and  unless  our  present  system  should  be  reformed, 
much  confusion  and  trouble  will  be  the  result. 

It  is  with  much  satisfaction,  that  I  invite  your  attention 
to  the  affairs  of  the  Penitentiary  of  this  State,  and  to  the  re- 
ports of  the  proper  officers.  The  law  passed  at  the  last 
session  of  the  General  Assembly  for  the  government  of  this 
institution,  and  the  rules  and  regulations  adopted  under  it, 
have  had  a  most  happy  effect  in  establishing  discipline  and 
good  order  in  all  it  departments.  The  duties  of  each  officer 
have  been  specially  assigned.  All  accounts  and  proceed- 
ings are  required  to  be  kept  of  record,  so  that  a  full  under- 


434  MESSAGES   AND    PROCLAMATIONS   OF 

Htanding  and  settlement  of  all  its  affairs,  might  be  had  at 
any  time  without  inconvenience. 

Being  authorized,  by  an  act  of  the  General  Assembly, 
"to  take  the  proper  means  to  cause  to  be  investigated  the 
title  by  which  the  State  holds  the  grounds  upon  which  the 
penitentiary  stands,"  I  appointed  Curtis  Bates,  Esq.,  to 
make  the  examination,  whose  report  is  herewith  transmitted, 
by  which  it  will  be  seen  that  the  title  to  the  State  has  been 
perfected,  and  the  deed  therefor  recorded  and  filed  in  the 
proper  office.  I  also,  under  a  joint  resolution,  approved 
February  4th,  1851,  appointed  the  same  gentleman  as  a 
Commissioner  "to  settle  with  all  persons  having  claims  or 
unsettled  accounts  with  the  penitentiary,  including  those  of 
John  "VV.  Cohick,  the  books  of  A.  H.  Haskell,  late  superin- 
tendent, and  of  John  Scott,  his  successor;"  and  who,  after  a 
careful  examination,  make  a  final  adjustment  of  the  claims 
presented,  as  will  appear  by  his  report  which  was  filed  in 
the  Auditor's  Office,  with  the  exception  of  the  account 
against  Cohick,  upon  which  a  suit  has  been  ordered  to  be 
commenced  in  favor  of  the  State  in  the  District  Court  of 
Johnson  county.  The  reports  herewith  submitted,  show 
the  present  condition  of  the  penitentiary,  and  suggest  such 
changes  in  the  law  regulating  the  same  as  the  officers  have 
found  to  be  expedient.  Of  the  $10,000  appropriated  by 
the  last  General  Assembly,  $8,736.56  has  been  expended 
upon  the  building  and  freehold  improvements,  and  $186.04 
for  appendages,  $692.89  for  officers'  services  in  part,  and 
$175.00  for  rations,  leaving  $209.51  balance  on  hand.  An 
omission  to  provide  for  paying  officers,  and  an  inability  to 
procure  rations  by  contract,  created  a  necessity  for  an  ap- 


GOVERNOR   STEPHEN   HEMPSTEAD  435 

propriation  of  this  fund  in  part  to  those  purposes,  and  I 
would  recommend  these  points,  with  the  suggestions  of  the 
officers  to  your  early  attention,  to  make  such  provision  and 
change  as  would  seem  to  be  proper.  Some  further  appro- 
priations are  also  asked  for,  to  pay  the  present  indebted- 
ness, and  further  enlarge  the  capacity  of  the  prison  by  the 
completion  of  additional  cells  and  otherwise.  Under  the 
able  and  highly  satisfactory  management  of  this  institution 
in  the  hands  of  its  officers,  it  is  fully  meeting  the  purposes 
of  its  establishment,  and  I  would  recommend  all  its  interests 
to  your  favorable  consideration. 

By  a  Joint  .Resolution  approved  January  25th  1849,  the 
Treasurer  of  State  was  authorized  to  procure  a  finely  wrought 
sword,  with  proper  inscriptions,  to  be  presented  by  the 
Governor  to  Capt.  Benjamin  S.  Koberts,  of  the  Rifle  Regi- 
ment, as  a  memento  of  the  pride  of  his  fellow  citizens  of 
this  State  for  his  patriotism  and  deeds  of  valor  performed 
by  him  in  the  war  with  Mexico.  Capt.  Roberts  not  finding 
it  convenient  to  visit  this  State  to  enable  my  predecessor  or 
myself  to  make  such  presentation  in  person,  I  therefore  for- 
warded it  to  Washington  City  where  under  my  instruction 
it  was  presented  in  an  appropriate  manner  by  Hon.  A.  C. 
Dodge,  in  behalf  of  the  State.  In  connection  with  this 
subject,  I  may  say  that  while  we  have  justly  remembered 
the  living,  we  have  almost  forgotten  the  dead,  those  of  our 
citizens  who  volunteered  their  services  to  sustain  the  honor 
and  triumph  of  our  National  flag,  when  our  country  was 
supposed  to  be  in  danger,  when  it  required  brave  hearts 
and  strong  hands  in  her  defence,  and  who  fell  in  service  or 
upon  the  battle  fields  of  Mexico.  Would  it  not  be  proper 


436  MESSAGES   AND   PROCLAMATIONS   OF 

that  the  State  of  Iowa  should,  by  a  plain  and  chaste  monu- 
ment, erected  at  her  capital,  perpetuate  the  remembrance 
of  the  gallant  Mills,  of  Guthrie,  and  the  patriotic  men  who 
have  thus  fallen?  I  respectfully  make  the  suggestion,  and 
leave  it  for  such  action  as  may  appear  to  you  proper. 

The  attention  of  the  General  Assembly  has  been  frequently 
called  to  the  organization  of  the  militia  of  the  State,  yet  no 
steps  have  been  taken  by  the  people  or  the  legislature  to 
effect  it  in  such  a  manner  as  to  comply  with  the  laws  of  the 
United  States,  and  to  enable  us  to  obtain  the  quota  of  arms 
to  which  we  are  entitled.  The  Secretary  of  State  reported 
to  the  President  the  aggregate  number  of  militia  for  the 
year  1851,  but  as  there  was  no  proper  military  organization, 
the  report  was  declared  insufficient  as  will  appear  by  a  com- 
munication herewith  transmitted.  By  the  laws  of  the  United 
States  and  the  provisions  of  our  Constitution  it  is  our  duty 
to  enroll  and  organize  the  militia  into  divisions,  brigades, 
regiments,  battalions  and  companies;  and  by  a  proper  officer 
to  report  to  the  President  annually,  on  or  before  the  first 
Monday  in  January  of  each  year,  our  effective  military  force, 
with  their  arms,  accoutrements,  &c.  For  the  purpose  of 
carrying  out  the  requirements  of  a  constitutional  law  of  our 
National  Government,  and  to  obtain  the  arms  with  which 
the  State  might  be  defended  by  her  own  citizens,  I  would 
most  earnestly  recommend  you  to  make  such  provisions  as 
will  be  proper  to  effect  an  object  so  desirable,  and  at  the 
same  time  to  establish  an  Arsenal  where  the  arms  and  muni- 
tions obtained  may  be  safely  kept  until  they  should  be 
needed  for  service.  In  the  month  of  March,  1851,  I 
received  a  communication  from  the  Ordnance  Department 


GOVERNOR   STEPHEN    HEMPSTEAD  437 

at  Washington,  stating  that  the  Secretary  of  War  had 
directed  Major  Bell,  in  charge  of  the  Arsenal  at  St.  Louis  to 
issue  upon  my  requisition  arms  and  accoutrement  sufficient 
to  equip  two  companies  of  Volunteers  at  Burlington  and 
Dubuque,  to  be  charged  to  the  State.  Accordingly  on  the 
27th  day  of  May  following,  a  requisition  was  made,  and  the 
arms  were  obtained,  and  those  for  the  company  of  Burling- 
ton have  been  delivered.  The  company  at  Dubuque  not 
having  completed  its  organization,  I  directed  the  arms  and 
accoutrements  be  sent  to  the  Penitentiary  for  safe  keeping, 
where,  under  the  charge  of  the  Warden,  they  might  be  kept 
in  good  order,  and  be  serviceable  in  guarding  the  prison. 

Among  the  many  important  questions  which  will  come 
before  you  for  deliberation,  will  be  the  amendment  of  the 
laws  now  in  force  in  this  State,  and  to  which  I  would  espe- 
cially call  your  attention.  It  will  be  remembered  that  in 
the  year  of  1848,  a  committee  of  three  persons  were  appointed 
to  draft,  revise  and  prepare  a  code  of  laws  for  the  govern- 
ment of  the  State;  and  having  completed  their  work,  they 
at  the  session  of  the  General  Assembly  of  1850  and  '51, 
made  their  report,  which  having  been  amended,  was  passed 
and  went  into  force  on  the  first  day  of  July  following. 
This  body  of  laws  was  prepared,  amended  and  published 
with  great  care  and  expense,  and  is  entitled  to  your  care- 
ful and  candid  consideration. 

Like  everything  else  of  human  origin,  it  has  omissions  and 
imperfections,  and  it  is  your  province  to  make  such  amend- 
ments as  are  necessary,  and  which  in  your  judgment  will 
advance  the  public  good.  I  need  not  remind  you  that  in 
making  such  amendments,  much  care  and  deliberation  should 


438  MESSAGES   AND   PROCLAMATIONS    OF 

be  used  in  order  to  prevent  conflicts  and  uncertainties;  or 
that  much  mischief  has  arisen  from  the  instability  and  incon- 
sistency of  legislation.  Laws  are  enacted  at  one  session, 
and  before  their  utility  can  be  tested,  or  they  can  be  fairly 
understood,  they  are  modified  or  repealed;  and  often  in  such 
a  manner  as  to  leave  the  public  and  those  who  are  to  admin- 
ister them,  at  a  loss  to  know  what  has  been  abrogated  or 
what  is  in  force.  To  avoid  this  state  of  things  let  me  sug- 
gest that  your  acts  be  expressed  in  plain  and  concise  lan- 
guage, and  that  they  be  as  few  and  as  simple  as  possible, 
consistent  with  the  necessities  and  principles  of  the  govern- 
ment under  which  we  live. 

For  the  purpose  of  directing  your  attention  to  such  parts 
of  the  code  of  laws  as  may  be  defective  in  any  particular,  it 
is  made  the  duty  of  each  of  the  Judges  of  the  Supreme  and 
District  Courts  to  report  to  the  General  Assembly,  at  each 
regular  session  thereof,  all  omissions,  discrepancies  or  other 
evident  imperfections  of  the  law,  which  have  fallen  under 
his  observation,  and  I  would  recommend  such  reports  to 
your  careful  consideration. 

In  view  of  this  duty,  there  is  only  one  subject  to  which  I 
would  call  your  special  attention,  and  that  is  the  law  regu- 
lating the  sale  of  intoxicating  liquors.  This  law  removes 
all  restraint  from  the  traffic  in  such  liquors,  as  articles  of 
merchandise,  but  prohibits  the  retail  to  be  drank  upon  the 
promises,  under  severe  penalties;  placing  the  enforcement 
of  its  prohibitionary  provisions  under  the  exercise  of  the 
criminal  jurisdiction  of  courts  and  juries.  Until  within  a 
comparatively  recent  period,  the  use  of  spirituous  liquor,  has 
been  generally  looked  upon  without  disapprobation.  More 


GOVERNOR   STEPHEN   HEMPSTEAD  439 

recently  public  opinion  has  changed  to  a  considerable  extent, 
and  in  producing  this  result  society  is  indebted  to  moral  and 
educational  influences  more  than  to  any  other  cause.  My 
mind  is  strongly  impressed  with  the  belief  that  to  such  means, 
must  be  entrusted  the  hopes  of  future  success.  In  a  popular 
government,  where  the  laws  are  in  the  hands  of  the  people, 
legislative  power,  to  be  effective  upon  questions  which  come 
directly  in  conflict  with  natural  right,  cannot  advance  beyond 
public  opinion.  The  first  effort  of  this  power  was  to  limit 
the  sale  of  such  liquors  through  the  local  authority  requiring 
a  license  with  bail  and  other  regulations.  Thus  far  the 
law  was  sustained  and  its  penalties  were  enforced.  More 
recently  attempts  have  been  made  to  extend  this  power,  by 
experimental  legislation,  more  or  less  stringent.  Of  such  a 
character  is  the  law  now  in  force.  And  I  submit  to  you, 
while  it  has  existed,  whether  general  experience  has  not 
shown  that  its  prohibitory  provisions  stand  upon  our  statute 
book  without  being  observed  while  the  general  license  to 
sell  as  an  article  of  merchandise  has  extended  the  traffic 
without  control.  There  is  an  inconsistency  in  the  practical 
operation  of  this  law  not  reconcilable  with  the  object  in- 
tended, which  suggests  an  additional  reason  for  a  change. 
Drunkenness  and  immoralities  arising  from  the  use  of  ardent 
spirits,  may  be  punished  as  crimes,  but  it  is  doubtful 
whether  any  legal  enactment  will  prevent  its  being  sold  by 
retail,  while  a  general  sale  is  allowed  as  an  article  of  mer- 
chandise. It  would  seem,  therefore,  that  a  judicious  license 
system,  placed  under  the  control  of  the  local  authorities, 
could  be  made  more  efficient  for  good  than  other  legislation. 
With  these  views  I  submit  the  subject  to  your  care. 


440  MESSAGES   AND   PROCLAMATIONS   OF 

In  pursuance  of  a  law  of  the  last  General  Assembly  rela- 
tive to  the  Des  Moines  River  Improvement,  I  proceeded  at 
an  early  day  to  fill  the  offices  of  Commissioner  and  Register 
as  therein  provided,  by  the  appointment  of  Gen.  V.  P.  Van 
Antwerp  as  Commissioner,  and  George  Gillaspy,  Esq.,  as 
Register,  who  after  being  duly  qualified,  entered  upon  the 
discharge  of  the  duties  required  of  them.  Fully  aware  of 
the  great  importance  of  this  work  and  of  the  deep  interest  felt 
in  its  earliest  completion,  these  gentlemen  proceeded  at  once 
to  ascertain  its  true  condition,  and  so  far  as  practicable  to 
do  what  might  be  in  their  power  to  carry  it  forward  to  com- 
pletion. The  result  of  their  labors  during  the  first  year 
will  be  found  in  their  first  annual  report,  made  to  me  in 
pursuance  of  law,  and  which  is  herewith  submitted  for  your 
consideration.1  By  this  report  it  will  be  found  that  all 
work,  or  very  nearly  so,  when  these  officers  entered  upon 
the  discharge  of  their  duties,  was  suspended.  There  were 
no  funds  on  hand,  and  no  part  of  the  work  was  completed. 
Of  the  lands  below  Raccoon  Forks  188,466  acres  had  been 
sold,  realizing  the  sum  of  $235,708.81,  all  of  which  had 
been  expended,  and  there  remained  only  133,401  acres, 
worth  at  $1. 25  per  acre,  $166, 752. 36.  Over  and  above  the 
money  already  expended,  there  was  outstanding  debt  due  to 
the  contractors  of  not  less  than  $65,000,  and  unliquidated 
claims  for  damages  of  over  $80, 000  on  suspended  contracts. 
The  estimated  cost  of  completing  the  works  between  St. 
Francisville  and  Keosauqua,  excluding  the  canal,  was 
$210,000.  Thus  showing  an  absolute  deficit  in  means  to 


1  This  report,  covering  sixty  pages,  is  given  in  full  in  the  Journal 
of  the  Senate  of  the  Fourth  General  Assembly,  Appendix  p.  29. 


GOVERNOR   STEPHEN   HEMPSTEAD  441 

be  hoped  for  from  the  lands  laying  below  the  Raccoon 
Forks,  to  meet  the  actual  indebtedness  and  the  estimated 
cost  of  $108,250,  aside  from  all  claims  for  unliquidated 
damages.  In  view  of  these  facts,  and  to  meet  the  pressing 
necessity  for  immediate  progress  with  the  portions  of  the 
improvement  commenced,  to  avoid  obstructions  in  the  navi- 
gation of  the  river,  proposals  were  issued  for  the  completion 
of  the  whole  work,  or  portions  thereof  as  might  suit  con- 
tractors— thus  seeking  to  anticipate  the  avails  of  the  unsold 
lands  and  the  rents  of  water  powers,  after  first  providing 
for  all  outstanding  claims.  While  the  result  of  this  effort 
remained  uncertain  the  unprecedented  rise  in  the  waters  of 
the  Des  Moines  which  continued  until  the  month  of  August, 
added  most  seriously  to  the  embarrassments  upon  the  pros- 
pects of  the  work,  and  threatened  its  entire  abandonment. 

Notwithstanding  all  the  accumulated  difficulties,  the 
officers  appointed  did  not  suspend  their  efforts;  and  as  no 
arrangement  could  be  made  with  the  old  contractors,  who 
perseveringly  pressed  their  claims  for  liquidation  and  pay- 
ment, they  entered  into  negotiations  with  Messrs.  Bangs, 
Brothers  &  Co.,  of  New  York,  in  pursuance  of  their  pro- 
posals. When  this  negotiation  was  about  closing,  a  new 
and  unexpected  difficulty  arose  of  the  most  embarrassing 
character.  In  the  month  of  August,  the  Secretary  of  the 
Interior  informed  the  Commissioner  that  in  accordance  with 
the  opinion  of  the  Attorney  General,  he  had  decided  that 
the  Des  Moines  river  grant,  did  not  extend  above  the  Rac- 
coon Fork,  and  reversing  a  prior  decision  of  Mr.  Walker, 
Secretary  of  the  Treasury,  on  the  same  question.  This 
action  of  the  General  Government  was  fatal  to  the  prospect 


442  MESSAGES   AND   PROCLAMATIONS   OF 

of  the  improvement  if  adhered  to.  In  the  hope,  however, 
that  this  would  not  be  the  case,  the  officers  proceeded  and 
concluded  a  contract  with  Bangs,  Brothers  &,  Co. ,  to  carry 
forward  the  work  as  far  as  the  means  might  permit.  An 
effort  was  then  made  to  prevent  the  injustice  of  withholding 
these  lands  from  the  State,  which,  through  the  energy  of 
the  officers,  and  the  most  able  counsel,  proved  successful. 
The  decision  of  the  Secretary  of  the  Interior  was  reversed, 
and  the  lands  withheld  were  restored  to  the  State,  thereby 
ensuring  the  means  necessary  for  the  completion  of  the  im- 
provement. The  claims  for  unliquidated  damages  were  also 
disposed  of  by  a  voluntary  arbitration,  which  resulted  in  an 
award  in  favor  of  the  contractors  of  twenty -three  thousand 
seven  hundred  and  ninety-six  dollars  and  eighty-nine  cents. 
By  this  report  it  will  be  seen  that  within  the  first  year  this 
work  has  gradually  recovered  from  the  many  and  serious 
embarrassments  which  pressed  upon  it,  and  that  this  is 
mainly  the  result  of  the  energy,  and  steady  perseverance  of 
the  officers  to  whose  care  it  was  entrusted. 

Their  second  annual  report  has  just  been  received  and 
is  also  herewith  submitted.  Notwithstanding  the  favorable 
prospect  at  the  close  of  the  first  year,  the  progress  and  con- 
dition of  the  improvement  has  been  retarded  by  unexpected 
difficulties.  Messrs.  Bangs,  Brothers  &  Co. ,  have  failed  to 
carry  on  their  contract,  and  efforts  have  been  made  to  ensure 
the  speedy  completion  of  the  work  by  contract  with  various 
other  persons,  all  of  which  have  so  far  proved  unavailing; 
and  present  appearances  indicate  that  it  may  be  compelled 
to  proceed  only  as  means  may  be  realized  from  the  sales  of 
the  lands.  Under  the  persevering  efforts  of  the  officers,  the 


GOVERNOR   STEPHEN    HEMPSTEAD  443 

portions  of  the  work  begun,  have  progressed  so  far  as  to 
re-open  the  river  for  navigation  by  providing  for  the  passage 
of  boats  through  the  locks,  and  opening  the  channel  below 
St.  Francisville.  The  brief  period,  since  the  receipt  of  this 
report,  will  not  allow  me  to  examine  the  suggestions  con- 
tained therein,  for  the  future  progress  of  the  improvement, 
sufficiently  to  recommend  any  specific  course  of  action  in 
regard  to  them.  The  importance,  however,  of  the  subject, 
will  claim  your  earnest  attention,  and  will  recommend  itself 
to  your  favorable  consideration  by  every  constitutional  means 
in  your  power,  to  ensure  its  completion,  at  the  earliest 
practicable  period. 

In  consequence  of  the  failure  of  Congress,  at  its  last 
session,  to  make  a  donation  of  land  for  the  construction  of 
railroads  in  this  State,  it  would  seem  to  be  advisable  to  again 
urge  this  subject  upon  their  consideration;  and  coming  as 
you  do  directly  from  the  people,  you  will  be  able  to  under- 
stand their  wants  and  their  wishes,  and  it  is  to  be  hoped  that 
in  a  spirit  of  concession  and  harmony,  conflicting  views  may 
be  reconciled,  and  such  an  application  may  be  made  as  would 
conduce  to  the  best  interests  of  the  State,  and  meet  with  the 
approbation  of  the  General  Government. 

For  the  purpose  of  carrying  out  the  provisions  of  an  act 
of  the  General  Assembly,  relative  to  the  swamp  lands  within 
this  State,  I  did,  on  the  22d  day  of  February,  1851,  address 
a  communication  to  Col.  C.  H.  Booth,  then  Surveyor  Gen- 
eral of  Iowa  and  Wisconsin,  requesting  him  to  furnish  me 
with  a  "list  of  the  lands  returned  to  that  office  as  swamp 
lands."  With  this  request  he  did  not  feel  himself  author- 
ized to  comply,  unless  the  assent  of  the  State  should  be 


444  MESSAGES   AND   PROCLAMATIONS   OF 

given  to  authorize  him  to  select  those  lands.  Not  finding 
myself  authorized  under  the  law  to  give  such  assent,  the  list 
was  not  furnished.  On  the  first  of  Oct.,  1851,  I  again 
renewed  the  same  application  to  the  present  Surveyor  Gen- 
eral, and  on  the  17th  day  of  March,  1852,  received  the  list 
as  requested.  Being  satisfied  from  the  best  information  I 
could  obtain,  that  much  valuable  land  would  be  lost  to  the 
State,  unless  a  re -examination  should  be  made,  instructions 
were  promptly  issued  to  the  county  surveyors  of  such  organ- 
ized counties,  where  the  public  lands  had  been  surveyed,  to 
make  a  more  particular  examination,  and  report  the  same  as 
soon  as  possible.  Thus  far  no  report  has  been  received 
except  from  the  county  of  Muscatine.  As  it  is  desirable  that 
these  returns  should  be  made  to  secure  the  title  to  these 
lands  to  the  State,  I  would  recommend  that  the  law  upon 
this  subject  be  so  changed  as  to  authorize  the  employment 
of  other  persons,  where  the  county  surveyor  neglects  or 
refuses  to  perform  that  duty. 

In  accordance  with  the  direction  of  the  last  General  As- 
sembly, I  have  purchased  five  hundred  dollars  worth  of 
books  for  the  State  Library,  which  are  daily  expected.  As 
soon  as  they  are  received  the  list  of  the  same  will  be  laid 
before  you. 

In  looking  to  the  future,  I  cannot  avoid  a  feeling  of  deep 
concern  at  the  opinion  expressed  by  some  portion  of  our 
fellow  citizens  in  favor  of  amending  the  Constitution  of  our 
State  in  such  a  manner  as  to  authorize  the  establishment  of 
Banks — of  special  acts  of  incorporation  for  pecuniary  profit, 
and  of  contracting  State  debts  without  limitation  of  the 
General  Assembly.  Restrictions  which  are  eminently  cal- 


GOVERNOR   STEPHEN   HEMPSTEAD  445 

culated  to  protect  the  people  from  hasty,  unjust,  and  unwise 
legislation;  and  the  time  has  come  when  we  should  examine 
with  more  than  ordinary  care  the  principles  of  political 
economy  connected  with  our  government,  and  avert  as  far 
as  possible  approaching  evils. — Among  the  first  of  these  in 
my  estimation  is  the  system  of  banking  which  has  been  and 
is  now  carried  on  in  the  United  States.  The  power  of  these 
institutions  over  commerce,  trade  and  industry  of  a  country, 
is  easily  understood  when  it  is  remembered  that  they  are 
invested  by  law  with  extraordinary  privileges.  First,  to 
concentrate  their  capital  and  credit,  and  to  issue  their  notes 
to  double  and  often  triple  the  amount  of  that  capital. 
Second,  to  loan  their  credit  at  a  high  rate  of  interest;  and 
third,  an  exemption  from  the  ordinary  liability  to  pay  their 
debts  and  contracts  to  which  the  majority  of  mankind  are 
subjected.  Possessing  these  powers  and  privileges  by  the 
sanction  of  law,  and  to  the  exclusion  of  others,  it  is  not  sur- 
prising that  the  agricultural,  commercial,  and  manufacturing 
interest  of  the  country  should  be  subject  to  frequent  and  dis- 
astrous convulsions.  The  depression  and  ruin  which  was 
brought  upon  thousands  by  the  failure  of  the  banks  of  Illi- 
nois and  other  Western  States  in  1841  [0]  and  41  cannot  be 
forgotten.  And  when  we  find  that  a  number  of  those  States, 
not  profiting  by  former  experience,  have  recently  organized 
a  general  system  of  banking  for  the  purpose  of  again  flood- 
ing the  whole  Mississippi  valley  with  a  paper  currency,  we 
may  justly  conclude  that  another  convulsion  more  disastrous 
than  the  first  will  shortly  be  at  hand.  Would  it  be  wisdom 
in  us,  under  such  circumstances,  and  when  it  is  in  the  power 
of  every  citizen  to  retain  if  he  sees  proper,  a  gold  and  silver 


446  MESSAGES   AND    PROCLAMATIONS   OF 

currency  in  the  State,  to  throw  aside  the  sheet  anchor  of  our 
safety  and  cast  ourselves  upon  the  mercy  of  the  waves? 

In  connection  with  this  subject  I  may  say  with  Mr.  Mad- 
ison "that  the  loss  which  America  has  sustained  from  the 
pestilential  effects  of  paper  money  on  the  necessary  confi- 
dence between  man  and  man,  and  the  necessary  confidence 
in  the  public  councils,  on  the  industry  and  morals  of  the 
people,  and  on  the  character  of  republican  government  con- 
stitutes an  enormous  debt  against  the  States  chargeable  with 
this  unadvised  measure,  which  must  long  remain  unsatisfied 
or  rather  an  accumulation  of  guilt  which  can  be  expiated  no 
otherwise  than  by  a  voluntary  sacrifice  on  the  altar  of 
justice."  While  a  system  of  banking  may  serve  the  purpose 
of  stimulating  the  hopes  and  business  pursuits  of  a  com- 
munity and  impart  more  than  ordinary  vigor  to  the  current 
traffic,  during  a  season  of  prosperous  credit,  still  it  is  always 
treacherous  and  fraught  with  too  many  uncertainties  upon 
which  to  risk  the  toil  and  industry  of  those  who  are  gener- 
ally the  least  able  to  bear  the  losses  incident  to  a  paper  cur- 
rency. What  is  to  be  gained  by  the  great  body  of  people 
of  this  State  by  the  creation  of  banks  among  us  and  the 
substitution  of  a  paper  currency  the  inevitable  tendency  of 
which  will  be  to  drive  the  specie  from  circulation?  Will 
the  result  prove  a  sounder  and  safer  state  of  affairs  after 
banishing  gold  and  silver  from  circulation,  and  placing  the 
business  relations  of  State  upon  a  foundation  which  the  first 
blast  of  adversity  may  sweep  away?  Already  we  have  too 
much  of  this  currency  among  us.  Already  has  it  to  a  great 
extent  driven  the  precious  metals  from  the  country,  and  if 
permitted  to  continue  will  be  perilous  to  our  best  interests. 


GOVERNOR   STEPHEN   HEMPSTEAD  447 

For  the  purpose  of  retaining  in  circulation  a  sufficient  sum  of 
gold  and  silver  to  do  the  ordinary  business  of  our  citizens,  I 
respectfully  urge  upon  the  General  Assembly  the  propriety 
of  passing  a  law  to  prohibit  the  circulation  of  all  bank  notes 
of  a  less  denomination  than  ten  dollars.  A  law  of  this 
character  would  have  a  most  salutary  effect  in  driving  out 
the  small  notes  from  among  us,  and  to  a  considerable  extent 
protect  our  citizens  from  the  effects  of  bank  explosions. 

It  is  also  time  to  enquire  why  it  is  that  the  Constitution 
of  this  State  should  be  amended  to  authorize  the  legislative 
power,  by  act  of  law  to  create  inequalities  and  distinctions 
among  our  citizens  by  granting  the  most  important  privi- 
leges to  some,  to  the  exclusion  of  others.  It  has  been 
justly  said,  that  "a  great  source  of  the  inequality  in  the  con- 
ditions of  men  in  respect  to  wealth  and  comfort  arises  from 
the  action  of  law."  This  is  particularly  the  case  when 
applied  to  the  granting  of  corporate  powers  and  privileges 
to  companies  for  pecuniary  profit  by  special  enactment. 
And  I  may  say,  that  such  legislation  is  not  consistent  with 
the  true  principles  of  a  republican  government — because 
that  form  of  government  contemplates  a  perfect  equality  of 
political  rights,  and  exclusive  privileges  and  monopolies  to 
none.  The  constitution  of  Iowa  has  therefore  wisely  pro- 
hibited the  enactment  of  such  laws,  and  provides  for  a  gen- 
eral act  of  incorporation,  the  privileges  of  which  are  free  to 
every  citizen.  Yet  it  is  contended  by  some,  that  this  valu- 
able prohibition,  together  with  the  restrictions  on  state 
indebtedness  shall  be  cast  aside  for  the  purpose  of  trying 
dangerous  experiments,  which  in  all  probability  would 
result  disastrously  to  the  state  and  the  people  —  to  the 


448  MESSAGES   AND   PROCLAMATIONS   OF 

state  by  plunging  her  irretrievably  in  debt — to  the  people 
by  private  loss  and  a  burdensome  taxation. 

Senators  and  Representatives:  In  closing  this  communi- 
cation, I  may  say  that  the  State  of  Iowa  is  in  a  prosperous 
condition — rapidly  increasing  in  population — owing  prob- 
ably the  smallest  public  debt  of  any  state  in  the  Union — all 
industrial  employments  finding  encouragement  under  the 
regular  administration  of  the  laws,  and  the  exercise  of  a 
healthful  competition  which  is  made  free  to  all  by  the  prin- 
ciples of  her  constitution — and  warm  in  her  attachment  to 
the  Union  and  to  the  just  rights  of  each  state  composing  it. 
Thus  standing,  her  policy  and  her  destiny  have  been  com- 
mitted to  your  hands.  That  you  will  protect  and  perpet- 
uate that  high  character,  by  equal  and  just  enactments,  by 
prudence  and  economy,  and  the  wisdom  of  your  councils 
cannot  be  doubted.  And  in  which  efforts  allow  me  to 
assure  you  of  my  hearty  concurrence  and  co-operation. 

S.  HEMPSTEAD. 
DECEMBER  7,  1852. 


SECOND  BIENNIAL  MESSAGE 

DECEMBER  8,  1854 
From  the  Journal  of  the  House  of  Representatives ,  p.  22 


Gentlemen  of  the  Senate,  and  House  of  Representatives: 

You  have  again  assembled  in  obedience  to  the  mandates 
of  the  Constitution,  to  deliberate  upon  the  affairs  of  State, 
and  to  enact  such  laws  as  may  be  necessary  to  secure  to  the 
people  their  just  rights  and  privileges  under  a  republican 
form  of  government. 

Your  duties  are  of  no  ordinary  character.  The  enactment 
of  laws  for  the  government  of  a  State,  which  must,  directly 
or  indirectly,  affect  the  welfare  of  every  person  within  its 
jurisdiction,  will  show  the  importance  of  the  powers  with 
which  you  have  been  invested,  and  how  wisely  and  judi- 
ciously they  should  be  exercised.  Our  constitution  is  less 
careful  of  prescribing  legislative  duties  to  be  performed, 
than  of  imposing  certain  restrictions  upon  legislative  action. 
The  examples  of  history  and  constant  experience  teach  us, 
that  there  is  a  tendency  in  political  associations,  as  well  as 
in  persons,  to  an  undue  exercise  of  power  inconsistent  with 
individual  rights.  For  that  reason  an  unwavering  adherence 
to  constitutional  principles,  a  constant  regard  for  the  rights 
and  privileges  secured  to,  and  retained  by  the  people,  and 
a  strict  observance  of  the  prohibitions  upon  legislation, 
should,  under  all  circumstances,  be  maintained. 


450  MESSAGES   AND   PROCLAMATIONS   OF 

It  gratifies  me  to  inform  you  that  the  State  is  in  a  highly 
prosperous  condition;  general  health  prevails;  a  bountiful 
harvest  has  again  crowned  the  efforts  of  the  husbandman; 
emigration  unprecedented  in  the  history  and  settlement  of 
the  West,  has  been  pouring  in  upon  us;  the  public  lands 
are  being  rapidly  settled  and  improved  by  those  who,  with 
the  pioneers  of  the  country,  will  doubtless  build  up  a  gov- 
ernment, which,  for  its  liberal  and  just  policy,  and  its 
attachment  for  the  Union,  will  rank  among  the  first  of 
western  States.  For  this  prosperity,  and  all  the  great 
privileges  which  we  enjoy,  let  us  be  grateful  to  Him  who 
holds  in  his  hand  the  destiny  of  men  and  nations. 

In  calling  your  attention  to  the  condition  of  the  State,  it 
is  in  the  first  place  appropriate  that  I  should  refer  to  our 
financial  affairs,  and  I  do  so  with  pride,  when  I  contrast  that 
condition  with  many  of  our  sister  States.  The  funded  debt 
of  the  State,  for  which  bonds  have  been  issued,  as  will 
appear  by  the  report  of  the  Auditor,  amounts  to  the  sum  of 
seventy -nine  thousand  seven  hundred  and  ninety -five  dollars 
and  seventy- five  cents. 

Sixteen  thousand  four  hundred  and  forty-two  dollars  and 
five  cents  of  these  bonds  became  due  on  the  first  day  of  May 
last,  and  the  others  will  be  payable  in  1856,  '57,  and  '59. 
It  will  therefore  be  necessary  for  you  to  make  provisions  for 
their  payment  in  the  event  that  the  ordinary  revenue  should 
not  prove  sufficient  for  that  purpose.  I  need  not  say  that 
the  payment  of  these  debts  at  maturity  is  important  to  pre- 
serve the  good  faith  and  credit  of  the  State. 

By  the  Treasurer's  report,  which  is  herewith  transmitted, 
it  will  be  seen,  that  from  the  first  day  of  November,  1852, 


GOVERNOR   STEPHEN    HEMPSTEAD  451 

up  to  the  thirty-first  day  of  October,  1854,  there  has  been 
received  into  the  Treasury  one  hundred  and  twenty-five 
thousand  four  hundred  and  sixty -two  dollars  and  fifty-seven 
cents,  ten  thousand  five  hundred  and  fifteen  dollars  and 
seventy  cents  of  which  was  received  on  the  sale  of  saline 
lands.  During  that  time  there  has  been  paid  out  on  Aud- 
itor's warrants,  one  hundred  and  eighteen  thousand  five 
hundred  and  forty -two  dollars  and  ninety  cents.  The 
amount  of  monies  in  the  Treasury  on  the  thirty -first  day  of 
October  last,  being  fifteen  thousand  five  hundred  and  twenty - 
two  dollars  and  twenty-two  cents,  including  the  sum  of 
eight  thousand  six  hundred  and  two  dollars  and  eighty-eight 
cents,  which  was  in  the  Treasury  on  the  first  day  of  Novem- 
ber, 1852. 

At  the  last  session  of  the  General  Assembly,  it  was 
thought  advisable  to  so  amend  the  revenue  law,  as  to  re- 
quire the  assessment  of  taxable  property  to  be  made  by  a 
township  instead  of  a  county  officer.  This  system,  as  I 
have  been  informed,  has  proven  much  more  expensive  than 
the  former  one,  and  leads  to  errors  and  inequalities  which 
have  been  injurious  to  the  public  revenue,  and  unjust  to 
individuals. 

To  secure  uniformity  in  the  assessment  of  property,  and 
remedy,  as  far  as  practicable,  the  evils  complained  of,  I 
would  recommend  that  the  present  law  be  so  amended  as  to 
require  the  election  of  a  county  assessor  for  each  county, 
with  such  other  regulations  as  may  be  thought  necessary  to 
secure  a  faithful  discharge  of  his  duty. 

Permit  me  again  to  call  the  attention  of  the  General 
Assembly  to  the  laws  establishing  common  schools  and  the 


452  MESSAGES   AND   PROCLAMATIONS   OF 

State  University,  as  a  subject  of  the  greatest  importance, 
and  in  which  the  people  feel  a  deep  interest. 

Experience  has  taught  us,  that  these  laws  are  too  compli- 
cated, and  by  frequent  amendments  have  become  inexplicit 
and  contradictory,  so  much  so,  that  it  has  become  difficult 
to  understand,  or  carry  them  into  force,  without  the  com- 
mission of  errors,  which  not  unfrequently  lead  to  protracted 
and  burdensome  litigation. 

Another  objection  to  the  system,  is  the  employment  of  a 
greater  number  of  officers  than  would  seem  to  be  necessary, 
and  among  them,  that  of  school  fund  Commissioners  in  each 
county,  the  duties  of  which  officer  might,  it  is  believed,  be 
discharged  by  the  county  treasurer  with  less  expense  and 
greater  accuracy  than  under  the  present  arrangement. 

There  is  also  a  want  of  uniformity  in  the  system  of  edu- 
cation in  our  common  schools,  produced  by  the  frequent 
change  of  text -books,  made  by  the  teachers  who  conduct 
them,  which  occasions  unnecessary  expense,  and  proves 
detrimental  to  the  scholar.  In  connection  with  the  subject 
of  books,  permit  me  to  recommend  Dr.  Noah  Webster's 
American  Dictionary  as  one  of  the  most  comprehensive, 
learned  and  valuable  works  of  the  kind  which  has  been 
published  in  the  English  language;  and  also,  allow  me  to 
add,  that  the  Constitution  of  the  United  States,  and  of  this 
State,  should  be  taught  in  all  our  public  schools.  A  system 
of  education  by  which  knowledge  is  placed  within  the  reach 
of  all,  and  our  youth  are  taught  to  comprehend  the  rights 
and  privileges  of  citizenship,  will  fit  them  for  the  enlight- 
ened discharge  of  the  important  duties  to  which  they  may 
be  called. 


GOVERNOR   STEPHEN    HEMPSTEAD  453 

The  establishment  and  endowment  of  an  asylum  for 
lunatics  is  a  measure  which  should  commend  itself  to  your 
favorable  consideration.  We  cannot  but  be  aware  of  the 
fact,  that  we  have  a  considerable  number  of  those  unfortu- 
nate persons  in  our  State,  who  have  strong  claims  upon  our 
sympathy  and  bounty,  and  who  must  be  removed  from  their 
friends  to  other  States  in  order  to  obtain  the  means  of  alle- 
viating and  improving  their  condition,  or  of  being  confined 
in  our  jails  and  poor-houses. 

By  an  act  of  Congress,  admitting  the  State  of  Iowa  into 
the  Union,  approved  March  3d,  1845,  all  salt  springs  within 
the  State,  not  exceeding  twelve  in  number,  with  six  sections 
of  land  adjoining,  or  as  contiguous  as  might  be,  to  each, 
were  granted  to  the  State  for  its  use,  with  a  proviso  that  the 
General  Assembly  should  never  lease  or  sell  the  same,  at 
any  one  time,  for  a  longer  period  than  ten  years,  without 
the  consent  of  Congress. 

Under  these  provisions  an  act  was  passed  by  the  General 
Assembly,  approved  February  5th,  1851,  providing,  that 
as  soon  as  the  consent  of  Congress  could  be  obtained  these 
lands  might  be  sold,  and  that  the  proceeds  should  constitute 
a  fund  for  founding  and  supporting  a  lunatic  asylum;  and 
f  uther  providing  that  the  amount  realized  should  be  invested, 
and  the  interest  only  to  be  used  for  that  purpose,  unless  the 
Commissioners  of  the  asylum  should  think  that  the  good  of 
the  State  required  eight  thousand  dollars  of  the  principal 
fund  to  assist  in  the  building  and  furnishing  of  said  asylum. 
Five  thousand  dollars  was  also  authorized  to  be  paid,  at  the 
discretion  of  the  Superintendent  of  Public  Instruction,  for 
the  use  of  the  College  of  Physicians  and  Surgeons  at  Keokuk. 


454  MESSAGES   AND   PROCLAMATIONS   OF 

Congress  having  given  their  consent  that  the  lands  might 
be  sold,  an  act  was  passed  on  the  25th  day  of  January, 
1853,  for  the  carrying  out  of  the  purposes  expressed  by  the 
act  of  February  5th,  1851. 

In  consequence  of  the  rejection  by  the  general  govern- 
ment of  a  portion  of  the  land  which  it  had  before  selected 
for  the  State,  and  in  order  that  others  might  be  made,  I 
appointed  Israel  Keister,  Esq.,  as  agent  for  that  purpose,  a 
copy  of  whose  report  is  herewith  transmitted.  As  yet  I 
have  received  no  information  whether  the  last  selection  has 
been  approved  or  rejected. 

Should  you  believe  that  the  prompt  sale  of  these  lands 
would  not  be  sufficient  to  establish  and  maintain  the  asylum, 
after  paying  the  five  thousand  dollars  to  the  Medical  College 
at  Keokuk,  then  I  submit  whether  it  would  not  be  highly 
appropriate  to  provide  other  ways  and  means  to  accomplish 
an  object  so  desirable. 

Your  attention  is  invited  to  the  report  of  the  Inspectors 
of  the  Penitentiary,  which  is  herewith  submitted,  and  which, 
together  with  the  report  of  the  Warden,  which  will  doubt- 
less be  laid  before  you,  will  exhibit  the  affairs  of  the  prison 
for  the  last  two  years.  By  an  act  of  the  General  Assembly, 
approved  January  13th,  1853,  the  Inspectors  and  Wardens 
were  authorized  to  lease  or  hire  out  the  prisoners  to  be 
worked  in  the  shops  upon  the  prison  grounds,  if  they  should 
deem  that  the  interests  of  the  State  would  be  the  best  pro- 
moted by  so  doing.  They  have  accordingly  executed  a 
contract,  hiring  the  services  of  the  convicts  for  the  term  of 
ten  years  from  the  first  day  of  June,  1854.  This  contract, 
with  the  report  of  the  officers,  will  be  subjects  for  your 


GOVERNOR   STEPHEN   HEMPSTEAD  455 

careful  investigation,  and  should  it  appear  that  the  laws  and 
regulations  for  the  government  of  the  prison  are  deficient, 
such  other  provisions  should  be  made  as  will  secure  economy 
and  good  order  in  the  administration  of  its  affairs. 

It  is  necessary  that  I  should  again  call  your  attention  to 
the  improvement  of  the  Des  Moines  river,  which  in  con- 
sequence of  the  many  difficulties  and  obstacles  which  have 
been  presented  from  time  to  time,  has  made  but  slow 
progress  towards  completion.  At  the  last  session  of  the 
General  Assembly,  after  an  investigation  of  the  condition  of 
the  improvement,  acts  were  passed  providing  for  the  election 
of  a  Commissioner  and  Register,  by  the  qualified  electors  of 
the  State  on  the  first  Monday  of  April,  1853,  and  at  the 
same  time  appointing  George  G.  Wright,  of  Van  Buren, 
and  Uriah  Biggs,  of  Wapello  county,  as  assistant  Commis- 
sioners, investing  them  with  full  power  and  authority  to 
sell  and  dispose  of  all  the  lands,  tolls,  and  water  rents,  as 
they  might  deem  most  expedient  for  the  early  completion 
and  vigorous  prosecution  of  the  improvement. 

Under  these  provisions  of  law  a  contract  has  been  made 
with  Mr.  Henry  O'Riley  and  others,  for  the  completion  of 
the  improvement — a  portion  of  the  old  debts  have  been 
paid,  and  the  work  is  said  to  be  progressing.  In  the  report 
of  the  Commissioner  and  Register,  which  will  be  laid  before 
you,  will  undoubtedly  be  found  the  contract  and  all  the 
information  which  may  be  necessary  for  a  full  understanding 
of  the  business  entrusted  to  the  charge  of  those  officers, 
who,  it  is  believed,  with  the  assistant  Commissioners,  have 
done  everything  in  their  power  to  carry  out  the  provisions 
and  instructions  of  the  laws  under  which  they  have  acted. 


456  MESSAGES  AND   PROCLAMATIONS   OF 

In  connection  with  this  improvement  your  attention  is 
respectfully  called  to  the  claims  which  have  been  presented 
by  Hon.  Reverdy  Johnson  and  Chancellor  Walworth,  of 
New  York,  in  obtaining  a  reversal  of  the  decision  of  the 
Secretary  of  the  Interior,  limiting  the  grant  of  land  for  that 
improvement  to  the  Eaccoon  Fork  of  the  Des  Moines  river. 
These  gentlemen  have  acted  in  good  faith,  and  rendered 
most  important  service  to  the  State;  it  is  therefore  appropri- 
ate that  their  claims  should  be  allowed,  inasmuch  as  Bangs 
&,  Brother,  the  contractors  who  were  liable  at  the  time,  have 
failed  to  pay  them,  and  the  State  has  received  the  benefit 
of  their  efforts.  The  correspondence  of  Chancellor  Wal- 
worth is  herewith  submitted,  and  that  of  Mr.  Johnson  will  be 
found  among  the  proceedings  of  the  last  General  Assembly. 

Since  the  formation  of  our  State  government,  up  to  the 
present  time,  recommendations  have  been  made  to  the  Gen- 
eral Assembly  to  enact  such  laws  as  would  comply  with  the 
Constitution  of  this  State,  and  the  laws  of  the  United  States, 
as  to  the  organization  of  the  militia;  and  to  which  subject  I 
would  again  invite  your  special  attention. 

The  object  of  the  law  of  Congress  in  requiring  the  organ- 
ization of  the  military  force  of  each  State,  and  the  appropri- 
ations for  arms  to  be  distributed  to  them  from  year  to  year 
is  for  the  purpose  of  enabling  them  to  defend  themselves  in 
cases  of  emergency,  and  at  the  same  time  to  be  serviceable  to 
the  National  Government  in  the  defense  of  the  country, 
should  their  services  be  needed. 

It  should  be  remembered  that  Iowa  is  a  frontier  State; 
portions  of  our  northern  and  western  boundaries  are  subject 
to  the  incursions  of  Indians,  who  have  but  recently  disposed 


GOVERNOR   STEPHEN    HEMPSTEAD  457 

of  their  right  to  the  soil,  who  return  for  the  purpose  of 
hunting  and  not  unfrequently  commit  depredations  upon  the 
white  inhabitants  before  United  States  troops,  or  any  effect- 
ive military  force,  can  be  obtained  to  repel  them.  It  is 
therefore  prudent  and  necessary  that  we  should  have  such  a 
military  organization  as  will  enable  us  in  a  case  of  emergency 
to  defend  ourselves  and  protect  our  citizens. 

In  July  last,  I  received  information  from  the  counties  of 
Cerro  Gordo,  Floyd,  Bremer,  Chickasaw,  Franklin  and 
others,  that  a  large  body  of  Indians  well  armed  and  equipped, 
had  made  demonstrations  of  hostilities  by  fortifying  them- 
selves in  various  places,  killing  stock,  and  plundering  houses, 
and  that  many  of  the  inhabitants  had  entirely  forsaken  their 
homes  and  left  a  large  portion  of  their  property  at  the 
mercy  of  the  enemy;  praying  that  a  military  force  might  be 
sent  to  protect  them  and  their  settlements.  Upon  the 
reception  of  this  information,  an  order  was  immediately 
issued  to  Gen.  John  G.  Shields,  directing  him  to  call  out 
the  City  Guards  of  Dubuque,  and  such  other  force  as  might 
be  necessary,  not  exceeding  two  companies,  to  remove  the 
Indians  from  the  state.  This  order  was  promptly  obeyed, 
and  the  company  were  ready  for  service,  when  information 
was  received  that  the  Indians  had  dispersed — that  the  citi- 
zens were  returning  to  their  homes,  and  quiet  had  been 
restored.  It  therefore  became  unnecessary  for  any  further 
proceedings. 

Authority  was  also  given  to  Major  Williams,  of  Fort 
Dodge,  in  this  State,  to  raise  a  volunteer  company,  should 
it  be  necessary  to  remove  any  Indians  who  should  be  found 
disturbing  any  of  the  inhabitants  of  the  county  of  Franklin, 


458  MESSAGES   AND   PROCLAMATIONS   OF 

or  adjoining  counties.  On  the  first  day  of  September  last 
he  reported  that  he  had  not  found  it  necessary  to  raise  any 
military  force,  as  there  did  not  then  exist  any  cause  for 
alarm,  or  danger  to  the  settlers. 

In  April  last  a  communication  was  received  from  the 
ordnance  office  at  Washington,  stating  that  there  was  due 
to  this  State,  arms  to  the  value  of  two  hundred  and  thirty- 
five  muskets,  with  the  desire  that  the  kind  and  description 
should  be  designated.  This  request  was  complied  with, 
and  the  arms  have  been  received,  and  distributed  to  organ- 
ized military  companies  at  Dubuque,  Davenport,  and  Keo- 
kuk,  with  the  exception  of  one  brass  six-pound  gun,  which 
remains  to  be  drawn  at  the  United  States  Arsenal  in  St. 
Louis,  Missouri. 

My  attention  has  been  called  to  the  proceedings  of  a  con- 
vention held  in  this  city,  on  the  28th  day  of  October  last, 
by  the  old  soldiers  of  the  war  of  1812,  for  the  purpose  of 
asking  relief  from  Congress,  for  their  services  in  that  war. 
It  may  be  truly  said  of  these  soldiers,  that  old  age  is  now 
upon  them — that  they  will  soon  be  called  upon  to  fight 
their  last  battle  with  an  enemy  who  is  ever  victorious. 
Many  of  them  are  in  indigent  circumstances,  and  unable  to 
support  themselves.  Their  gallant  defence  of  the  country, 
in  a  war  second  only  to  the  American  revolution,  should 
entitle  them,  not  only  to  the  sympathy  of  Congress,  but  to 
the  whole  American  people.  I  would,  therefore,  respect- 
fully recommend  that  you  pass  a  memorial  to  Congress,  set- 
ting forth  the  justice  of  their  claim,  and  urging,  without 
regard  to  their  term  of  service,  that  each  be  allowed  a 
quarter  section  of  land,  and  a  pension  for  the  few  remaining 
years  allotted  them  to  live. 


GOVERNOR   STEPHEN   HEMPSTEAD  459 

At  the  last  session  of  the  General  Assembly  a  recom- 
mendation was  made,  that  such  laws  be  passed  as  would 
authorize  the  appointment  of  a  Commissioner  of  emigration 
to  reside  in  the  city  of  New  York,  whose  duty  it  should  be 
to  give  immigrants  the  necessary  information  as  to  soil, 
climate  and  the  branches  of  business  to  be  pursued  with 
advantage  in  this  State,  and  to  protect,  as  far  as  possible, 
such  persons  against  the  impositions  frequently  practiced 
upon  them. 

This  recommendation,  however,  was  not  carried  out,  and 
I  again  feel  constrained  to  call  your  attention  to  the  subject 
with  the  hope  that  one  or  more  of  such  agencies  may  be 
established,  which  in  my  judgment,  if  properly  conducted, 
would  be  highly  beneficial  to  the  State,  and  to  those  who 
might  feel  disposed  to  become  citizens  among  us. 

One  of  the  objections  which  has  been  urged  against  the 
establishment  of  such  agencies,  is,  that  emigration  of  for- 
eigners to  this  country  ought  not  to  be  encouraged  or  pro- 
tected— even  secret  political  associations  have  been  formed 
for  the  purpose  of  discouraging  emigration  and  settlement 
among  us — to  prohibit,  as  far  as  may  be  in  their  power,  a 
naturalized  citizen  from  holding  any  office  of  trust  or  profit 
under  our  government,  at  the  same  time  proscribing  others 
for  their  religious  views  and  opinions. 

The  formation  of  such  associations  under  a  government 
wThich  professes  to  be  republican,  and  to  secure  equal  rights 
and  privileges  to  every  person  who  is,  or  who  may  become 
a  citizen  by  virtue  of  our  Constitution  and  laws,  is  much  to 
be  regretted  as  leading  to  evil  and  dangerous  consequences. 

What  danger  can  be  seriously  apprehended  from  foreign 


460  MESSAGES   AND   PROCLAMATIONS   OF 

emigration  to  this  State?  They  are  generally  industrious — 
purchase,  settle  upon  and  improve  our  lands,  rear  their 
homes,  educate  their  children  with  ours,  become  attached  to 
our  laws  and  institutions,  and  assist  in  the  defence  of  the 
country  in  times  of  peril.  To  proscribe  a  citizen  in  this 
country  on  account  of  his  birthplace  or  religious  faith,  is 
subversive  of  all  our  ideas  and  principles  of  civil  and  re- 
ligious liberty,  and  contrary  to  the  spirit  and  intention  of 
our  Constitution  and  laws.  The  national  government  have 
no  pmver  to  "make  laws  respecting  an  establishment  of 
religion,  or  prohibiting  the  free  exercise  thereof,"  and  the 
Constitution  of  this  State  declares  that  "no  religious  test 
shall  be  required  as  a  qualification  for  any  office  or  public 
trust,  and  no  person  shall  be  deprived  of  any  of  his  rights, 
privileges  or  capacities,  or  disqualified  from  the  performance 
of  any  of  his  public  or  private  duties,  or  rendered  incompe- 
tent to  give  evidence  in  any  court  of  law  or  equity,  in  con- 
sequence of  his  opinions  on  the  subject  of  religion." 

To  my  mind  it  is  manifest,  that  the  object  of  these  pro- 
visions were  to  guard  against  the  proscriptions  or  intoler- 
ance, either  by  legislation  or  by  individuals,  and  to  leave  to 
every  one  the  right  of  judging  for  himself  upon  questions 
which  relate  to  eternity,  and  over  which  human  govern- 
ments cannot  properly  exercise  control. 

In  connection  with  the  subject  of  immigration  and  settle- 
ment in  Iowa,  it  may  be  observed,  that  her  agricultural  and 
mineral  resources  are  but  partially  known,  and  it  is  believed 
that  an  accurate  and  scientific  geological  survey  would  dis- 
close sources  of  mineral  wealth,  and  the  capacity  of  our  soil 
for  the  production  of  many  profitable  articles,  the  benefits 


GOVERNOR   STEPHEN   HEMPSTEAD  461 

of  which  information  to  the  history  of  the  State  and  to  the 
people,  would  far  surpass  any  expense  attending  such  an 
examination.  I  would,  therefore,  recommend  this  measure 
to  your  favourable  consideration. 

I  again  invite  your  attention  to  the  laws  regulating  the 
sale  of  intoxicating  liquors,  and  to  the  recommendation 
made  by  me  to  the  last  General  Assembly,  of  granting 
licenses  under  proper  restrictions,  for  the  sale  thereof.  Be- 
lieving that  such  a  law  would  have  a  salutary  effect  in 
restraining  the  indiscriminate  sale  of  such  liquors,  and 
would  be  the  means  of  producing  a  revenue  to  cities,  towns, 
and  counties,  which  is  now  lost  to  them,  and  that  good 
order  might  be  maintained  and  the  laws  enforced,  I  am 
therefore  induced  to  present  the  subject  for  your  candid  con- 
sideration. 

I  am  aware  that  there  are  many  persons  who  take  a  dif- 
ferent view  of  this  question,  who  insist  with  great  pertinac- 
ity that  laws  should  be  enacted  prohibiting  the  manufacture 
and  sale  of  any  spirituous,  vinous,  or  malt  liquors,  under 
severe  penalties,  with  a  right  to  search  in  houses  and  prem- 
ises, and  a  destruction  of  such  property  wherever  it  may  be 
found,  and  prescribing  rules  of  evidence  in  such  cases  un- 
known in  any  other  criminal  prosecutions. 

Such  laws  are  not  calculated  to  remedy  the  evil  com- 
plained of,  and  are  looked  upon  as  an  unnecessary  infringe- 
ment upon  the  natural  and  constitutional  rights  of  the  citi- 
zen. The  idea  that  pervades  such  enactments  is,  that 
unusual,  numerous,  and  severe  penalties,  will  lead  to  their 
enforcement;  when  all  experience  shows  that  their  undue 
severity  defeats  their  execution,  and  that  after  the  excite- 


462  MESSAGES   AND   PROCLAMATIONS   OF 

merit  which  caused  their  enactment  has  passed  away,  no 
one  feels  disposed  to  enforce  them. 

Although  this  question  has  been  thrust  into  the  political 
arena,  and  made  to  figure  extensively  in  our  elections,  yet, 
as  guardians  and  representatives  of  constitutional  supremacy, 
and  the  rights  of  citizens  under  that  government,  you  will 
carefully  examine  the  subject  which  has  thus  been  presented, 
and  make  such  provisions  as  may  seem  to  you  the  best  cal- 
culated to  promote  the  public  good. 

Your  attention  is  also  invited  to  the  act,  passed  at  the 
last  session  of  the  General  Assembly,  regulating  the  interest 
on  money,  and  of  which  I  may  say,  that  since  its  passage 
up  to  the  present  time,  has  not  been  generally  regarded  or 
enforced,  and  that  without  being  of  any  benefit  to  the  bor- 
rower, has  resulted  in  keeping  out  of  the  State  much  capital, 
which  would  otherwise  have  been  introduced  among  us,  and 
which  by  fair  competition  would  have  reduced  the  rates  of 
interest  much  below  what  is  now  paid.  Such  laws  are 
always  evaded;  and  upon  the  principle  that  men  should 
be  permitted  to  make  their  own  contracts  and  dispose  of 
their  money  or  property  upon  such  terms  and  conditions  as 
may  seem  to  them  most  appropriate.  For  these  and  many 
other  reasons  which  might  be  urged,  I  would  respectfully 
recommend  the  repeal  of  all  laws  in  this  State  upon  the 
subject  of  usury. 

As  yet  no  grants  of  land  have  been  made  to  the  State  of 
Iowa  for  the  construction  of  railroads,  notwithstanding  the 
repeated  applications  which  have  been  made  to  Congress  for 
that  purpose.  I  would,  therefore,  again  call  your  attention 
to  the  subject,  and  recommend  that  a  memorial  be  passed 


GOVERNOR   STEPHEN    HEMPSTEAD  463 

urging  the  justice  of  our  claim,  and  that  such  application  be 
concentrated  upon  one  road  to  run  from  the  Mississippi  to 
the  Missouri  river,  through  the  central  portion  of  the  State, 
as  it  is  believed  that  such  an  application  might  meet  with  a 
favourable  reception.  It  is  very  much  doubted  whether  the 
policy  of  applying  for  a  sufficient  quantity  of  land  to  con- 
struct five  or  six  roads  in  Iowa  will  soon  be  favourably  con- 
sidered by  Congress.  It  is,  therefore,  desirable  that  some 
system  should  be  adopted  by  the  people  and  their  repre- 
sentatives to  concentrate  the  application  to  one  or  two  roads, 
and  urge  the  same  with  energy  and  unanimity. 

In  this  connection  permit  me  to  speak  of  the  common  roads 
of  our  State,  and  to  urge  upon  you  the  necessity  of  again 
reinstating  the  law  which  required  the  election  of  a  County 
Supervisor.  That  officer  had  the  charge  and  supervision  of 
all  the  roads  in  the  county.  Then  there  was  uniformity  in 
the  opening  and  work  done  upon  them — now  in  some  town- 
ships the  roads  are  kept  in  order,  and  in  others  nothing  is 
done;  and  the  consequence  is,  that  there  is  no  system  or 
regularity  upon  a  subject  which  is  of  the  greatest  importance 
and  interest  to  every  inhabitant  of  the  State. 

Of  the  swamp  or  overflowed  lands  granted  to  this  and 
other  States,  by  an  act  of  Congress,  approved  September 
28,  1850,  it  is  only  necessary  for  me  to  say,  that  at  the  last 
session  of  the  General  Assembly,  it  was  thought  advisable 
to  grant  them  to  the  counties  in  which  they  might  lie,  for 
the  purpose  of  constructing  the  necessary  levees  and  drains 
to  reclaim  them,  and  the  overplus,  after  paying  the  ex- 
penses of  their  reclamation,  to  be  applied  for  the  purpose  of 
building  roads  and  bridges  in  such  counties. 


464  MESSAGES   AND   PROCLAMATIONS   OF 

Under  this  act  returns  of  the  examination  and  survey  of 
such  lands  have  been  made  to  the  Surveyor  General  of  Iowa 
and  Wisconsin  from  counties,  the  names  of  which  are  here- 
with transmitted. 

As  it  is  desirable  that  such  returns  should  be  made  as 
soon  as  possible,  in  order  to  obtain  the  title  from  the 
General  Government  to  these  lands,  I  would  suggest  such 
further  legislation  as  will  require,  if  possible,  the  delinquent 
counties  to  comply  with  the  laws  which  have  been  hereto- 
fore enacted  for  their  benefit. 

Many  other  subjects  of  legislation  which  have  not  been 
noticed,  will  doubtless  suggest  themselves  to  your  consider- 
ation, and  receive  that  attention  which  their  importance  may 
require. 

In  concluding  this  communication  to  the  General  Assem- 
bly of  Iowa,  I  may  be  permitted  to  refer  to  the  policy  of 
government,  under  which  we  have  increased  in  population 
and  wealth,  unsurpassed  in  the  history  and  settlement  of 
Western  States,  and  it  must  be  conceded,  that  for  the  high 
position  which  we  now  occupy,  as  a  sovereign  State  of  the 
American  Republic,  that  we  are  principally  indebted  to  the 
constitution  and  laws  for  that  prosperity. 

Of  the  Constitution  of  this  State,  it  may  with  justice  be 
said,  that  it  is  republican  in  its  character,  and  designed  to 
protect  the  people  against  abuse  and  evils  which  have  crept 
into  the  government  of  other  and  older  States.  It  prohibits 
any  association  or  corporation  from  exercising  the  privilege 
of  creating  paper  to  circulate  as  money;  it  declares  that  cor- 
porations shall  not  be  established  by  special  laws,  except 
for  political  or  municipal  purposes;  and  for  all  others,  that 


GOVERNOR   STEPHEN   HEMPSTEAD  465 

general  laws  shall  be  passed  for  their  organization,  reserv- 
ing to  every  one  the  privilege  of  forming  companies  for  the 
transaction  of  all  lawful  business,  and  limiting  State  indebt- 
edness in  such  a  manner  as  to  prevent  great  loss  or  repudia- 
tion. These  restrictions,  it  is  believed,  have  done  much  to 
build  up  this  State,  and  to  assure  citizens  that  they  are  not 
to  be  oppressed  by  monopolies,  bankruptcy,  or  extraordi- 
nary taxation. 

In  my  last  message  to  the  General  Assembly,  I  felt  it  to 
be  my  duty  to  caution  the  people  against  the  system  of 
banking  which  was  then  contemplated,  and  carried  on  in 
the  United  States,  as  being  dangerous  to  the  agricultural 
and  manufacturing  interests  of  the  country,  and  urged  the 
propriety  of  passing  a  law  prohibiting  the  circulation  of 
bank  notes  of  a  less  denomination  than  ten  dollars,  for  the 
purpose  of  retaining  a  sufficient  sum  of  gold  and  silver  to  do 
the  ordinary  business  of  our  citizens,  and  to  which  recom- 
mendation I  would  again  invite  your  favorable  consideration. 
But  two  years  have  elapsed  since  that  time,  and  we  find 
ourselves  in  the  midst  of  a  monetary  crisis.  In  our  public 
journals  will  be  found  long  lists  of  suspended  and  broken 
banks.  Who  are  generally  the  sufferers?  Not  those  whose 
business  it  is  to  deal  in  money  and  bank  paper,  and  who 
wield  the  lightnings  of  heaven  to  tell  them  of  danger  or  dis- 
asters, but  others  whose  very  existence  depends  upon  their 
labor,  and  who  can  ill  afford  to  pay  the  luxury  and  expense 
of  banking  corporations. 

Yet  with  all  the  evidences  which  we  have  before  us  of  the 
pestilential  effects  of  paper  money  on  the  necessary  con- 
fidence between  man  and  man,  the  necessary  confidence  in 


466  MESSAGES   AND   PROCLAMATIONS   OF 

our  public  councils,  and  the  industry  and  morals  of  the 
people,  the  enormous  frauds  which  have  been  practiced,  and 
the  loss  suffered  by  the  toiling  millions,  we  are  told  that  it 
is  necessary  to  establish  a  banking  system  in  Iowa.  Such  a 
system  might  be  a  fitful  stimulant  to  our  hopes  and  business 
pursuits,  and  impart  more  than  ordinary  vigor  to  the  cur- 
rent traffic  during  a  season  of  prosperous  credit;  still,  it  is 
always  treacherous,  and  fraught  with  too  many  uncertainties 
upon  which  to  risk  the  agricultural  and  most  important 
interests  of  the  country,  and  which  are  liable  to  be  swept 
away  by  the  very  first  blast  of  adversity.  Viewing  all  the 
expedients  resorted  to,  to  conceal  and  mitigate  the  errors  of 
modern  banking,  it  will  be  found  that  the  system  of  em- 
ploying public  stocks  and  securities  is  the  most  exception- 
able, as  it  is  making  one  promise,  which  it  may  be  impos- 
sible to  redeem,  the  foundation  of  another  equally  desperate. 

The  opinions  which  I  have  taken  occasion  to  express  in 
my  previous  communications  to  the  General  Assembly, 
upon  the  subject  of  banking,  of  State  indebtedness,  and  of 
exclusive  privileges  and  special  legislation,  remain  unchanged. 
Nor  can  I  perceive  in  the  altered  condition  of  our  business 
relations,  or  the  positive  wants  of  community,  any  impera- 
tive reason  why  our  Constitution  should  be  amended  to 
authorize  their  introduction  into  Iowa. 

In  retiring  from  the  office  to  which  I  was  elected  by  the 
free  suffrages  of  the  people  of  Iowa,  I  cannot  refrain  from 
expressing  to  them,  and  to  you  as  their  representatives,  my 
profound  gratitude  for  the  honors  conferred  upon  me  by 
their  confidence,  and  to  assure  them  of  my  continued  aspira- 
tions for  their  welfare  and  prosperity,  and  the  advancement 


GOVERNOR   STEPHEN   HEMPSTEAD  467 

of  this  young  and  flourishing  commonwealth,  and  the  fervent 
hope  that  her  legislation  and  future  policy  will  be  such  as  to 
insure  to  her  citizens  the  full  enjoyment  of  civil  and  religious 
liberty — that  she  will  discountenance  civil  discord  and  local 
animosities  among  the  States  of  our  Union,  and  concede  to 
each  and  all,  the  rights  which  pertain  to  them  under  our 
national  Constitution  and  laws,  and  that  she  will  in  every 
emergency  defend  that  Union  which  has  led  our  republic  to 
honor  and  greatness. 

With  these  hopes  and  wishes  for  the  welfare  of  Iowa  and 
our  common  country,  I  retire  from  the  office  with  which  I 
have  been  honored. 

STEPHEN  HEMPSTEAD. 
IOWA  CITY,  DECEMBER  8th,  1854. 


VETO  MESSAGES 


TO    THE  HOUSE   OF  REPRESENTATIVES 

FEBRUARY  4,   1851 
From  the  Journal  of  the  House  of  Representatives,  p.  381 


Gentlemen  of  iJie  House  of  Representatives: 

I  conceive  it  to  be  my  duty  under  the  constitution  to 
return  to  you  with  my  objections,  an  act  authorizing  F.  J. 
Wheeling,  M.  H.  Clark  and  their  associates  to  erect  a  toll 
bridge  across  East  Nishnabotany  river;  which  was  on  this 
day  presented  for  my  approval. 

The  first  section  of  the  act  provides  uthat  F.  J.  Wheeling 
and  M.  H.  Clark  and  their  associates  be  and  they  are 
hereby  authorized  to  erect  and  keep  a  toll  bridge  across  the 
East  Nishnabotany  river  for  the  term  of  twenty  years,  with 
the  exclusive  privilege  of  bridging  said  stream  one  mile  up 
and  down  said  stream,  from  the  point  where  the  state  roads 
from  Ottumwa  to  Council  Bluffs,  and  from  Fort  Des  Moines 
to  Kanesville  crosses  said  stream. "  The  act  also  establishes 
the  rate  of  toll  and  authorizes  the  proper  county  "to  pur- 
chase said  bridge  at  the  expiration  of  ten  years  from  its 
completion,  by  paying  a  fair  compensation  for  the  same," 
but  fixes  no  time  when  the  bridge  shall  be  completed. 

Does  this  act  create  a  corporation,  and  if  so  is  it  for  polit- 
ical or  municipal  purposes.  To  determine  this  question,  let 
me  observe  that  "a  corporation  may  be  defined  to  be  a 
body  of  persons  connected  together  by  law,  either  con- 


GOVERNOR   STEPHEN   HEMPSTEAD  469 

temporaneously  or  in  succession,  and  endowed  with  the 
capacity  of  acting  for  one  or  various  purposes  as  a  single 
person."  Corporations  are  also  public  and  private.  The 
act  under  consideration  is  of  the  latter  class,  as  it  is  founded 
on  private  means  for  private  benefit,  whereby  individuals 
have  an  interest  distinct  from  that  of  the  community;  it  is 
therefore  not  a  political,  municipal  or  public  corporation. 
Apply  these  rules  to  the  act  in  question  and  we  find  a  body 
of  persons  connected  by  law,  with  the  right  of  succession 
for  twenty  years  and  with  the  power  of  acting  as  one  person 
for  the  purpose  of  constructing  and  keeping  up  a  bridge  for 
private  gain. 

Upon  examining  the  whole  question,  I  am  unable  to  avoid 
the  conclusion  that  the  act  under  consideration  is  intended 
and  would  create  a  private  corporation. 

The  second  section  of  the  ninth  article  of  the  constitution 
declares  that  "corporations  shall  not  be  created  in  this  state 
by  special  laws  except  for  political  or  municipal  purposes; 
but  the  General  Assembly  shall  provide  by  general  laws  for 
the  organization  of  all  other  corporations,  except  corpora- 
tions with  banking  privileges,  the  creation  of  which  is  pro- 
hibited." 

In  compliance  with  this  provision  the  General  Assembly 
passed  "an  act  authorizing  general  incorporations  approved 
February  22d,  1847,"  now  in  force  granting  to  every  citizen 
the  right  of  forming  a  company  or  association  for  the  trans- 
action of  "any  business  which  may  be  the  lawful  subject  of 
a  general  partnership  including  the  establishment  of  ferries, 
the  construction  of  railroads  and  other  works  of  internal 
improvement." 


470  MESSAGES   AND   PROCLAMATIONS   OF 

The  language  and  intention  of  the  constitution  cannot  be 
mistaken,  it  asserts  a  great  and  just  principle  which  is 
worthy  of  the  highest  consideration  by  those  who  are 
intrusted  with  legislative  power,  the  object  being  to  prevent 
special  and  partial  legislation  and  place  the  citizens  of  this 
state  upon  an  equality  as  to  those  privileges  which  should  be 
equal  to  all.  Is  it  necessary,  is  it  desirable  that  the  time  of 
the  Legislative  Assembly  should  be  consumed,  and  the 
money  of  the  people  expended  in  granting  to  private  indi- 
viduals for  private  gain,  franchises  and  privileges  of  the 
character  under  consideration?  Gentlemen,  I  leave  the  ques- 
tion for  your  determination,  not  doubting  but  that  your 
decision  will  sustain  and  carry  out  the  provisions  of  the 
constitution  upon  a  question  of  so  much  importance  to  the 
the  people  of  this  state. 

S.  HEMPSTEAD. 
FEBRUARY  4th,  1851. 


TO    THE  HOUSE   OF  REPRESENTATIVES 

FEBRUARY  4,   1851 
From  the  Journal  of  the  House  of  Representatives,  p.  384 


Gentlemen  of  the  House  of  Representatives: 

I  am  compelled  to  return  to  you  with  my  objections,  an 
act  to  authorise  Winthrop  Folsom  and  Gilman  Folsom  their 
heirs  and  successors  to  build  a  bridge  across  the  Iowa  river 
at  Iowa  City,  on  a  continuation  of  Iowa  avenue,  which  has 
this  day  been  presented  for  my  approval. 


GOVERNOR   STEPHEN    HEMPSTEAD  471 

For  my  objections  to  the  passage  of  acts  of  this  character, 
I  respectfully  refer  you  to  my  message  of  this  date,  disap- 
proving "An  act  authorising  F.  J.  Wheeling,  M.  H.  Clark 
and  their  associates  to  erect  a  toll  bridge  across  east  Mshne- 
botany  river." 

S.   HEMPSTEAD. 

FEBRUARY  4th,  1851. 


TO    THE  HOUSE   OF  REPRESENTATIVES 

FEBRUARY  5,   1851 
From  the  Journal  of  the  House  of  Representatives,  p.  384 


Gentlemen  of  the  House  of  Representatives : 

I  herewith  return  to  you  "An  act  to  authorise  Robert 
Gower,  James  H.  Gower,  Jacob  Shawver  and  Peter  Dilts 
and  others  to  erect  a  toll  bridge  across  Cedar  river,  in  Cedar 
county,"  which  was  this  day  presented  for  my  approval. 

I  believe  this  act  to  be  a  violation  of  the  second  section 
of  the  ninth  article  of  the  constitution,  for  the  reasons 
assigned  in  my  message  of  this  date  disapproving  an  act 
authorising  F.  J.  Wheeling,  M.  H.  Clark,  and  their  associ- 
ates to  erect  a  toll  bridge  across  east  Mshnebotany  river,  to 
which  I  respectfully  refer  you. 

S.  HEMPSTEAD. 

FEBRUARY  5th,  1851. 


47-2  MESSAGES   AND   PROCLAMATIONS   OF 

TO    THE  SENATE 

FEBRUARY  5,   1851 
From  the  Journal  of  the  Senate,  p.  S19 


Gentlemen  of  the  Senate: 

I  return,  with  objections,  "An  act  to  authorize  the  Farm- 
ington  Bridge  Company  to  build  a  bridge  across  the  Des 
Moines  river,  at  the  town  of  Farmington, "  which  was  this 
day  presented  for  my  approval. 

The  act  provides  that  certain  persons  "or  either  of  them, 
and  any  person  they  may  see  proper  to  associate  with  them, " 
under  the  name  and  style  of  the  Farmington  Bridge  Com- 
pany, are  authorized  to  erect  a  toll  bridge  across  the  Des- 
Moines  river,  opposite  the  town  of  Farmington,  in  Van 
Buren  county,  with  the  exclusive  privilege  of  bridging  said 
river  at  said  point,  and  for  one  mile  up  and  down  said  river, 
for  the  term  of  twenty  years,  &c. 

Does  this  act  create  a  corporation?  To  determine  this 
question  let  me  observe  that  "a  corporation  may  be  defined 
to  be  a  body  of  persons  connected  together  by  law,  either 
contemporaneously  or  in  succession,  and  endowed  with  a 
capacity  of  acting  for  one  or  various  purposes,  as  a  single 
person." 

Apply  this  rule  to  the  act  under  consideration,  and  we 
find  a  body  of  persons  connected  by  law,  under  the  name 
and  style  of  the  "Farmington  Bridge  Company,"  with  suc- 
cession for  the  term  of  twenty  years,  and  with  the  exclusive 
privilege  of  bridging  said  river  for  one  mile  up  and  down 
the  same.  This  act,  in  my  judgment,  is  clearly  intended  to 
establish  a  private  corporation — it  has  a  name — succession 


GOVERNOR   STEPHEN   HEMPSTEAD  473 

— an  object  and  whatever  is  necessary  for  that  purpose,  and 
is  to  be  established  upon  private  means. 

The  second  section  of  the  ninth  article  of  the  Constitution 
declares  that  "corporations  shall  not  be  enacted  in  this 
State,  by  special  laws,  except  for  political  or  municipal  pur- 
poses; but  the  General  Assembly  shall  provide,  by  general 
laws,  for  the  organization  of  all  other  corporations,  except 
corporations  with  banking  privileges,  the  creation  of  which 
is  prohibited." 

It  cannot  be  contended  that  this  is  a  "political  or  munici- 
pal" corporation,  because  all  such  are  of  a  public  character, 
beginning  with  the  government  of  the  United  States,  and 
descending  down  through  states,  counties,  townships,  school 
districts  and  the  like. 

The  General  Assembly,  in  compliance  with  the  provisions 
of  the  Constitution,  passed  "An  act  authorizing  General 
Incorporations,"  approved  February  22d,  1847,  (now  in 
force,)  granting  to  every  citizen  the  right  of  forming  a  com- 
pany or  association,  for  the  purpose  of  transacting  "any 
business  which  may  be  the  lawful  subject  of  a  general  part- 
nership, including  the  establishment  of  ferries,  the  construc- 
tion of  rail  roads  and  other  works  of  internal  improvement." 

The  language  and  intention  of  the  Constitution  cannot  be 
mistaken,  it  asserts  a  great  and  just  principle,  which  is 
worthy  of  the  highest  consideration  by  those  who  are  en- 
trusted with  legislative  power — the  object  being  to  prevent 
special  and  partial  legislation,  and  place  the  citizens  of  this 
State  upon  an  equality  as  to  those  privileges  which  should 
be  equal  to  all.  Is  it  necessary,  is  it  desirable,  that  the 
time  of  the  General  Assembly  should  be  consumed,  and  the 


474  MESSAGES   AND   PROCLAMATIONS   OF 

money  of  the  people  expended,  in  granting  to  private  indi- 
viduals for  private  gain  franchises  and  privileges  of  the 
character  of  the  act  in  question.  Is  it  desirable,  that  under 
the  plea  of  benefiting  the  public,  exclusive  privileges  and 
monopolies  should  be  granted  to  a  few  individuals.  Having 
discharged  what  I  conceive  to  be  my  duty,  I  now  return  the 
act  for  your  further  consideration. 

S.  HEMPSTEAD. 
FEBRUARY  5th,  1851. 


TO    THE  SENATE 

FEBRUARY  5,   1851 
From  the  Journal  of  the  Senate,  p.  322 


Gentlemen  of  the  Senate : 

I  herewith  return  to  you,  with  my  objections,  An  act  to 
authorize  the  Keosauqua  Bridge  Company  to  build  a  bridge 
across  the  Des  Moines  river,  at  Keosauqua,  which  has  just 
been  presented  for  my  approval. 

For  my  objections  to  the  passage  of  acts  of  this  character, 
I  respectfully  refer  you  to  my  message  of  this  date,  disap- 
proving An  act  to  authorize  the  erection  of  a  bridge  at 
Farmington,  by  the  Farmington  Bridge  Company. 

S.   HEMPSTEAD. 

FEBRUARY  5th,  1851. 


GOVERNOR   STEPHEN    HEMPSTEAD  475 

TO    THE  HOUSE   OF  REPRESENTATIVES 

JANUARY  18,   1853 
From  the  Journal  of  the  House  of  Representatives,  p.  319 


Gentlemen  of  the  House  of  Representatives: 

I  conceive  it  to  be  my  duty  to  return  to  you  with  objec- 
tions, an  act  submitting  to  the  electors  of  Iowa  the  question 
of  a  convention  to  amend  the  constitution,  which  has  been 
presented  for  approval. 

This  act  provides,  that  at  the  next  general  election,  a 
vote  shall  be  taken  for  or  against  the  call  of  a  convention  to 
amend  the  constitution,  and  that  in  case  it  shall  be  found 
that  a  majority  have  voted  for  a  convention,  the  next  suc- 
ceeding General  Assembly  shall  provide  for  holding  the 
same.  The  election  thus  contemplated,  to  take  place  on 
the  first  Monday  in  August,  in  the  year  1854,  and  the  Gen- 
eral Assembly  to  meet  on  the  first  Monday  of  December 
following. 

The  Tenth  article  of  the  constitution  requires  that  in  case 
a  majority  of  the  people  vote  in  favor  of  a  convention,  that 
it  shall  be  held  within  six  months  thereafter,  thus  leaving 
but  two  months  from  the  meeting  of  the  General  Assembly 
for  the  enactment  and  publication  of  necessary  laws,  the 
election  of  delegates,  and  the  assemblage  of  the  convention 
at  the  seat  of  government  by  the  provisions  of  the  act  under 
consideration. 

The  constitution  declares  that  if,  at  any  time  the  General 
Assembly  shall  think  it  necessary  to  revise  or  amend,  they 
shall  provide  for  a  vote  of  the  people;  evidently  intending 
that  the  Assembly  who  have  thus  deemed  it  necessary, 


476  MESSAGES   AND   PROCLAMATIONS   OF 

should  make  such  provision  as  might  be  proper  to  carry  out 
the  object  intended. 

Satisfied  that  the  act  under  consideration,  is  not  in  accord- 
ance with  the  spirit  and  intention  of  the  constitution,  I  here- 
with return  it  to  the  House  in  which  it  originated,  for 
further  consideration. 

S.  HEMPSTEAD. 
IOWA  CITY,  JANUARY  18,  1853. 


TO    THE  HOUSE   OF  REPRESENTATIVES 

JANUARY  24,   1853 
From  the  Journal  of  the  House  of  Representatives,  p. 


Gentlemen  of  the  House  of  Representatives: 

I  am  again  compelled  to  return  to  you  without  my 
approval,  an  act  submitting  to  the  electors  of  Iowa  the 
question  of  a  convention  to  amend  the  constitution  of  the 
State. 

This  act,  among  other  things,  provides  that  at  the  next 
general  election  in  August,  1854,  a  vote  shall  be  taken  for 
or  against  a  convention,  and  that  such  election  shall  be  con- 
ducted as  provided  in  the  25th  chapter  of  the  code;  the 
returns  to  be  made  to  the  Secretary  of  State,  and  the  Gov- 
ernor is  required  on  or  before  the  10th  day  of  September, 
1854,  to  issue  his  proclamation  declaring  the  result  of  said 
election.  Should  a  majority  of  the  votes  cast,  be  in  favor 
of  a  convention,  then  an  election  of  delegates  is  to  take 
place  on  the  first  Monday  of  November  following,  which 


GOVERNOR   STEPHEN   HEMPSTEAD  477 

election  is  to  be  held  and  returns  are  to  be  made  according: 

o 

to  the  provisions  of  the  code  regulating  general  elections. 

The  act  also  requires  that  the  number  of  delegates  shall 
correspond  to  the  number  of  Representatives  in  the  General 
Assembly,  as  apportioned  at  the  present  session,  but  makes 
no  provision  as  to  who  shall  be  eligible,  whether  they  shall 
be  citizens  or  residents  of  the  state,  or  be  elected  by  counties, 
districts,  or  by  the  state  at  large. 

Our  laws  do  not  provide  for,  or  contemplate  such  an  elec- 
tion; it  is  therefore,  necessary  that  any  act  creating  such  an 
emergency  should  explicitly  provide  for  a  full  and  fair  rep- 
resentation of  the  people  in  a  convention,  the  most  impor- 
tant to  their  welfare  which  could  ever  assemble  in  the  state 
of  Iowa.  This  by  the  act  under  consideration  has  not  been 
done,  nor  in  my  judgment,  could  its  object  be  carried  out 
without  resulting  in  misunderstanding  and  confusion  in  con- 
sequence of  its  indefinite  provisions. 

In  my  message,  which  was  communicated  to  the  General 
Assembly  at  the  commencement  of  your  session,  I  could  not 
avoid  expressing  a  deep  concern  at  the  opinion  entertained 
by  some  portion  of  the  people,  in  favor  of  a  revision  of  the 
constitution,  to  authorize  the  establishment  of  banks,  of 
special  acts  of  incorporation  for  pecuniary  profit,  and  of 
contracting  debts  without  limitation  by  the  General  As- 
sembly. 

The  sentiments  which  I  then  entertained  have  undergone 
no  change,  unless  it  be,  that  I  am  more  strongly  impressed 
with  the  belief  that  it  would  be  suicidal  to  part  with  a  con- 
stitution which  throws  around  the  people  its  protecting  arm, 
and  places  between  them  and  crafty  adventurers,  formidable 


478  MESSAGES   AND   PROCLAMATIONS   OF 

obstacles  to  the  acquisition  of  influence  and  power,  which 
places  them  above  the  reach  of  that  species  of  legislation 
which  leads  a  state  to  bankruptcy  and  her  citizens  to  degra- 
dation. 

I  am  not  unaware  that  the  constitution  recognizes  the 
General  Assembly  as  the  judge  of  the  necessity  of  submit- 
ting the  question  of  its  revision  to  the  people,  yet  I  cannot 
divest  myself  of  the  responsibility  which  appertains  to  a 
co-ordinate  branch  of  the  government,  nor  of  the  obliga- 
tions which  that  position  imposes  upon  me.  Feeling  as  I 
do,  the  full  weight  of  that  responsibility,  and  the  obliga- 
tions which  the  constitution  imposes  upon  me,  I  cannot,  in 
the  absence  of  a  more  marked  expression  of  popular  desire 
on  the  part  of  the  people  than  what  has  heretofore  been 
manifested,  approve  of  any  bill,  which  has  for  its  object 
the  calling  of  a  convention  to  amend  the  constitution.  The 
legitimate  ends  of  government  have  been  and  can  still  be 
obtained  by  its  wise  provisions,  under  which  the  State  of 
Iowa  has  thus  far  been  prosperous,  and  the  rights  and  in- 
terests of  her  citizens  been  secured  and  protected. 

Believing  that  the  constitution  is  satisfactory  to  a  majority 
of  the  people  of  this  state,  and  that  they  have  not  desired 
the  question  of  its  amendment  to  be  thrust  upon  them,  I 
have  therefore  felt  it  my  duty  to  return  the  act  which  was 
presented  for  my  approval  to  the  House,  in  which  it  origi- 
nated. 

S.  HEMPSTEAD. 
IOWA  CITY,  JANUARY  24th,  1853. 


GOVERNOR   STEPHEN   HEMPSTEAD  479 

TO    THE  SENATE 

JANUARY  24,   1853 
From  the  Journal  of  the  Senate,  p.  326 


Gentlemen  of  the  Senate: 

I  am  compelled  to  return  to  you  with  objections,  "an  act 
to  amend  chapter  80  of  the  code  of  Iowa,  and  making  further 
pro  visions  for  the  relief  of  occupying  claimants,"  which  has 
been  presented  to  me  for  approval. 

Concurring  in  many  of  the  provisions  of  the  bill,  and 
believing  them  to  be  salutary  and  just,  yet,  when  by  the 
sixth  section  thereof,  it  declares  that  "any  court  deeming 
the  provisions  of  this  act  providing  for  a  judgment  in  favor 
of  the  occupying  claimant  unconstitutional,  shall  neverthe- 
less order  a  stay  of  execution  by  the  successful  claimant 
until  payment,  tender  or  satisfaction  be  made,"  thereby 
requiring  the  court  to  execute  a  law  which  they  may  decide 
shall  not  have  force  or  effect;  it  is  so  manifestly  unconstitu- 
tional, that  I  herewith  return  it  for  your  further  considera- 
tion. 

STEPHEN  HEMPSTEAD. 

IOWA  CITY,  JANUARY  24th,  1853. 


SPECIAL  MESSAGES 


10    THE  HOUSE   OF  REPRESENTATIVES 

DECEMBER  7,   1850 
f  rom  the  Journal  of  the  House  of  Representatives,  p.  45 


Gentlemen  of  the  Senate  and  House  of  Representatives: 

I  herewith  transmit  the  Report  of  the  Board  of  Public 
Works,  which  was  placed  in  my  hands  on  yesterday,  and 
which  I  am  assured  would  have  been  made  to  my  predeces- 
sor had  not  the  Secretary  of  the  Board  been  unavoidably 
delayed  in  his  arrival  at  this  city. 

In  submitting  this  report,  permit  me  to  express  the  hope, 
that  it  will  be  thoroughly  and  carefully  considered  by  the 
General  Assembly,  and  that  such  provisions  may  be  made 
to  secure  the  progress  of  the  work  as  will  accord  with  the 
Constitution,  the  object  of  the  grant  made  by  Congress,  and 
the  best  interests  of  the  State.1 

S.  HEMPSTEAD. 
DECEMBER  7th,  1850. 


TThis  report,  covering  72  pages,  appears  in  full  in  the  Journal  of 
the  House  of  Representatives,  third  regular  session  of  the  General 
Assembly,  Appendix,  p.  43. 


GOVERNOR   STEPHEN   HEMPSTEAD  481 

TO    THE  SENATE 

DECEMBER  12,   1850 
From  the  Journal  of  the  Senate,  p.  51 


Gentlemen  of  the  Senate: 

In  compliance  with  your  resolution  requesting  information, 
whether  the  board  of  commissioners  to  revise  and  report  a 
code  of  laws  for  the  State,  have  reported  to  me,  &c.  I  beg 
leave  to  say,  that  the  remainder  of  the  code  has  this  day 
been  placed  in  my  hands,  with  the  exception  of  the  chapters 
mentioned  in  the  report  of  the  commissioners,  to  which  I 
respectfully  call  the  attention  of  the  Senate,  as  explanatory 
of  the  reasons  why  that  part  of  the  work  has  been  retained 
for  further  consideration.  As  those  parts  are  separate  and 
distinct,  and  may  be  examined  and  passed  upon  at  any  time, 
it  will  not  prevent  the  General  Assembly  from  proceeding 
with  the  remainder  of  the  code  which  is  herewith  transmitted. 

STEPHEN  HEMPSTEAD. 
DECEMBER  12,  1850. 


To  His  Excellency,  the  Governor,  of  Iowa: 

SIR:  —  The  undersigned  beg  leave  to  transmit  to  the  General  As- 
sembly, through  you,  the  accompanying  papers  containing  the  fin- 
ished work  of  the  commissioners  of  revision. 

In  our  former  report  we  alluded  to  the  fact  of  certain  chapters  or 
subjects  being  unfinished.  We  desire  to  explain  what  these  are 
and  some  of  the  reasons  of  their  delay. 

The  delay  has  not  been  for  the  convenience  of  the  commissioners, 
but  on  the  contrary,  it  has  been  much  to  their  inconvenience.  It 
arose  from  a  desire  to  render  those  portions  more  complete,  when 
done. 


482  MESSAGES   AND   PROCLAMATIONS   OF 

Title  five,  relating  to  the  property  of  the  State — the  public  lands, 
funds,  <tc. 

Title  six,  of  the  revenue,  and  title  seven,  of  schools. 

Embracing  in  all  six  chapters  relating  to  subjects  upon  which  the 
commissioners  felt  anxious  to  obtain  the  reports  of  the  public  offices, 
and  to  consult  the  officers  of  those  several  departments.  In  the  case 
of  the  school  law,  the  head  of  that  department  has  expressed  a  desire 
to  render  his  assistance,  which  his  position  and  acquaintance  with 
the  operation  of  the  system  renders  exceedingly  desirable  to  the 
undersigned.  But  these  objects  have  not  been  attainable  until  since 
the  session  of  the  General  Assembly  commenced. 

The  chapters  containing  the  road  law,  and  licenses  for  railroads, 
«fcc. ,  which  also  have  been  somewhat  delayed,  are  ready  for  engross- 
ment, which  however  need  not  take  place  should  they  be  ordered  to 
be  printed. 

The  chapter  relating  to,  and  prescribing  fees  and  costs,  from  its 
nature  and  relation,  cannot  well  be  prepared  until  near  the  conclusion 
of  the  whole. 

Finally  a  concluding  provision  relating  to  the  effect  of  the  revision 
upon  past  and  existing  transactions,  can  be  better  prepared  and 
apprehended  toward  the  close  of  the  examination  of  the  work,  and 
has  for  this  reason  been  postponed. 

These  chapters  might  have  been  prepared  earlier,  but  to  the  prob- 
able inconvenience  of  the  General  Assembly  and  of  the  people.  We 
believe  that  the  common  good  required  the  course  which  we  have 
pursued,  however  inconvenient  to  ourselves. 

These  chapters  will  be  prepared  in  their  order  and  will  be  in  readi- 
ness at  an  early  day. 

W.  G.  WOODWARD, 
CHARLES  MASON, 
Commissioners  of  Revision. 

IOWA  CITY,  DEC.  12, 1850. 


GOVERNOR   STEPHEN   HEMPSTEAD  483 

TO    THE   SENATE  AND   HOUSE    OF  REPRESENTA- 
TIVES 

DECEMBER  14,   1850 
From  the  Journal  of  the  Senate,  p.  57 


Gentlemen  of  the  Senate  and  House  of  Representatives: 

The  distinguished  Hungarian  patriot,  Gov.  L.  Ujhazy, 
with  a  considerable  number  of  his  associates,  driven  from 
Hungary  by  the  merciless  persecution  and  aggression  of  the 
Austrian  and  Kussian  Governments,  in  consequence  of  their 
gallant  defence  of  the  liberties  of  their  country,  have  settled 
in  the  county  of  Decatur,  in  this  State,  with  the  determina- 
tion of  making  that  place  their  home,  and  as  I  am  informed, 
have  petitioned  Congress  to  grant  them  the  land  upon  which 
they  have  thus  settled. 

For  the  purpose  of  aiding  those  brave  and  worthy  men  in 
their  application,  and  securing  to  them  a  home  where  they 
can  enjoy  that  liberty  for  which  they  exposed  their  lives  and 
sacrificed  their  fortunes,  I  respectfully  recommend  that  the 
General  Assembly  memorialize  Congress  to  grant  them  the 

land  which  they  have  asked. 

S.  HEMPSTEAD. 
DECEMBER  14,  1850. 


TO    THE  HOUSE   OF  REPRESENTATIVES 

JANUARY  9,   1851 
From  the  Journal  of  the  House  of  Representatives,  p.  825 


Gentlemen  of  the  House  of  Representatives: 

I  herewith  transmit  the  Decree  of  the  Supreme  Court  of 
the  United  States  upon  the  question  of  boundary  between 


484  MESSAGES   AND    PROCLAMATIONS   OF 

the  states  of  Iowa  and  Missouri,  and  respectfully  recom- 
mend, that  a  sufficient  appropriation  be  made  to  defray  the 
expenses  adjudged  by  said  court  against  the  State  of  Iowa.1 

S.  HEMPSTEAD. 
JANUARY  9th,  1851. 


TO    THE  SENATE 

DECEMBER  15,   1852 
From  the  Journal  of  the  Senate,  p.  52 


EXECUTIVE  DEPARTMENT,  IOWA  CITY,  Dec.  15,  1852. 
Gentlemen  of  the  Senate: 

Your  resolution  of  inquiry  whether  the  money  appropri- 
ated by  act  of  Congress  at  its  last  session,  to  reimburse  the 
state  for  means  expended  in  the  survey  and  establishment  of 
our  southern  boundary  line,  has  been  drawn  from  the  United 
States  treasury,  has  been  laid  before  me,  and  in  answer 
thereto,  I  would  say,  that  the  portion  of  the  appropriation 
which  referred  to  which  belongs  to  this  state  has  not  been 
drawn,  nor  has  any  official  communication  from  the  depart- 
ment at  Washington,  been  received  upon  this  subject. 

As  a  question  may  arise,  as  to  which  state  officer  has  the 
proper  authority  under  existing  laws,  to  draw  the  money,  I 
would  respectfully  recommend,  that  the  General  Assembly 
make  such  provision  as  will  enable  the  State  Treasurer  to 
draw  for  the  same,  and  to  place  it  in  the  treasury. 

S.   HEMPSTEAD. 

'This  decree,  covering  59  pages,  appears  in  full  in  the  Journal  of 
the  House  of  Representatives,  third  regular  session  of  the  General 
Assembly,  Appendix,  p.  213. 


GOVERNOR  STEPHEN   HEMPSTEAD  485 

TO    THE  HOUSE   OF  REPRESENTATIVES 

JANUARY  11,   1853 
From  the  Journal  of  the  House  of  Representatives,  Appendix,  p.  ISO 


Gentlemen  of  the  House  of  Representatives: 

Your  resolution  requesting  me  to  furnish  at  the  earliest 
practicable  opportunity,  all  information  in  my  possession 
relative  to  the  saline  lands  of  the  State,  their  location,  <fec. , 
has  been  laid  before  me,  and  in  reply  thereto,  I  would 
say  that  by  an  act  of  Congress,  approved  March  3,  1845, 
there  was  granted  for  the  use  of  the  State,  all  salt  springs 
within  its  limits,  not  exceeding  twelve  in  number,  with  six 
sections  of  land  adjoining  or  contiguous  as  might  be  to  each. 

Under  the  provisions  of  this  act,  the  General  Assembly, 
by  a  law  approved  February  24,  1847,  authorized  the  Gov- 
ernor to  appoint  an  agent  to  select  and  report  such  lands; 
which  duty  was  performed  by  Mr.  John  Brophy,  whose 
selections  were  approved  by  His  Excellency,  Governor 
Briggs;  a  list  of  which,  together  with  a  communication  from 
the  Register  and  Receiver  of  the  Land  Office,  at  Fairfield,  in 
this  State,  is  herewith  transmitted. 

By  an  act  of  the  General  Assembly,  approved  February 
5th,  1851,  it  was  provided  that  as  soon  as  the  Congress  of 
the  United  States  should  give  their  consent,  the  saline  lands 
belonging  to  the  State  might  be  sold,  and  the  proceeds 
thereof  constitute  a  fund  for  the  founding  and  support  of  a 
lunatic  asylum,  and  that  five  thousand  dollars  of  the  principal 
thus  obtained,  should  be  applied  under  the  direction  of  the 
Superintendent  of  Public  Instruction,  for  the  use  of  the 
College  of  Physicians  and  Surgeons  at  Keokuk. 


486  MESSAGES   AND   PROCLAMATIONS   OF 

By  an  act  of  Congress,  approved  May  27,  1852,  these 
lands  were  granted  to  the  State  in  fee  simple,  to  be  disposed 
of  and  the  proceeds  to  be  applied  as  the  General  Assembly 
might  direct. 

Steps  will  be  taken  at  an  early  date  to  produce  the  proof 
necessary  to  establish  the  right  of  the  State  to  the  lands 
which  have  been  selected,  and  in  case  this  cannot  be  done, 
an  agent  will  be  appointed  to  select  other  lands  in  accord- 
ance with  the  provisions  of  the  act  of  Congress. 

S.  HEMPSTEAD. 

EXECUTIVE  DEPARTMENT,  IOWA  CITY,  JANUABY  llth,  1853. 


TO    THE   SENATE  AND   HOUSE    OF  REPRESENT  A- 

TIVES 

JANUARY  22,  1853 
From  the  Journal  of  the  Senate,  p.  310 


Gentlemen  of  the  Senate  and  House  of  Representatives: 

I  herewith  transmit  a  list  of  the  books  purchased  by  me, 
in  accordance  with  the  directions  of  the  General  Assembly, 
and  which  have  been  placed  in  the  State  Library. 

The  sum  authorised  to  be  expended  was  five  hundred  dol- 
lars: With  this  amount  it  was  impossible  to  do  much 
toward  filling  up  the  library,  and  as  it  was  very  deficient  in 
the  writings  of  American  authors,  I  came  to  the  conclusion 
to  apply  a  portion  of  the  appropriation  for  the  purchase  of 
works  of  that  character. 


GOVERNOR   STEPHEN    HEMPSTEAD  487 

The  list  will  show  the  titles  of  the  books,  and  price  of 
each  volume,  amounting  to  the  sum  of  four  hundred  fifty - 
six  dollars  and  fifty-two  cents,  leaving  thirteen  dollars  and 
forty-eight  cents  of  the  appropriation  unexpended,  which 
will  be  applied  to  the  payment  of  freight  and  charges  on 
the  same.1 

S.  HEMPSTEAD. 

EXECUTIVE  DEPARTMENT,  IOWA  CITY,  JAN.  22,  1853. 


1  For  the  list  of  the  titles  of  these  books  see  Journal  of  the  Senate, 
p.  311. 


UNIVERSITY  of  CALIFORNIA 

AT 

LOS  ANGELES 
LIBRARY 


